[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Page 65398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26068]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-640]


In the Matter of Certain Short-Wavelength Light Emitting Diodes, 
Laser Diodes and Products Containing Same; Notice of Commission 
Decision to Review and Remand in Part an Initial Determination of the 
Administrative Law Judge Granting Complainant's Motion To Amend the 
Amended Complaint

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review and remand in part the presiding 
administrative law judge's (``ALJ'') initial determination (``ID'') 
(Order No. 33) granting complainant's motion to amend the amended 
complaint.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 25, 2008, based on a complaint filed by Gertrude Neumark 
Rothschild of Hartsdale, New York (``Rothschild''). 73 FR 1575 (March 
25, 2008). The complaint, as supplemented, alleges a violation of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in 
the importation, sale for importation, and sale within the United 
States after importation of certain short-wavelength light emitting 
diodes, laser diodes and products containing the same by reason of 
infringement of U.S. Patent No. 5,252,499. The original complaint, as 
supplemented, named numerous respondents.
    On September 2, 2008, Complainant Rothschild filed a motion to 
amend the amended complaint and notice of investigation to add 
additional respondents and to clarify the products that are at issue in 
the investigation. On September 10, 2008, respondent Toshiba 
Corporation of Japan (``Toshiba'') opposed this motion. On September 
19, 2008, the ALJ issued an ID (Order No. 33) granting Rothschild's 
motion to amend the complaint. On September 22, 2008, proposed 
respondent Citizen Electronics Co., Ltd. of Japan (``Citizen'') filed a 
motion for leave to intervene for the limited purpose of opposing 
Rothschild's motion to amend the complaint and notice of investigation. 
Citizen's motion was not considered by the administrative law judge 
when he issued Order No. 33.
    On October 1, 2008, respondent Toshiba and proposed respondent 
Citizen filed a joint petition for review of the administrative law 
judge's ID. On October 8, 2008, the Commission investigative attorney 
and Complainant Rothschild each filed a response to the joint petition.
    On October 10, 2008, the Commission extended the deadline for 
determining whether to review the subject ID by fourteen (14) days to 
November 3, 2008.
    Having examined inter alia the administrative law judge's ID, the 
joint petition for review, and the responses thereto, the Commission 
has determined to review and remand the ID in part. Specifically, the 
Commission has determined to review the issue of whether Citizen was 
properly added as a respondent to the investigation in light of the 
fact that Citizen's response, which the Commission finds to have been 
timely filed, was not considered by the presiding administrative law 
judge. On review, the Commission directs the administrative law judge 
to consider Citizen's September 22, 2008 response to Complainant's 
motion to add Citizen to the investigation. The Commission takes no 
position on the merits of Citizen's response. The Commission has 
determined not to review any other issue decided in Order No. 33.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in section 210.42(h) of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42(h).

    Issued: October 28, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26068 Filed 10-31-08; 8:45 am]
BILLING CODE 7020-02-P