[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47616-47617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22179]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-634]


In the Matter of Certain Liquid Crystal Display Modules, Products 
Containing Same, and Methods Using the Same; Notice of Commission 
Decision Not To Review a Final Initial Determination Finding a 
Violation of Section 337; Request for Written Submissions Regarding 
Remedy, Bonding, and the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 47617]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review a final initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') finding a 
violation of section 337 in the above-captioned investigation, and is 
requesting written submissions regarding remedy, bonding, and the 
public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 4, 2008, based on a complaint filed by Sharp Corporation 
(``Sharp'') of Japan. 73 FR 11678. The complaint, as amended and 
supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain liquid crystal display devices, products 
containing same, and methods for using the same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,879,364; 
6,952,192; 7,304,703; and 7,304,626. The complaint further alleges the 
existence of a domestic industry. The Commission's notice of 
investigation named the following respondents: Samsung Electronics 
America, Inc. of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose, 
California (collectively ``Samsung'').
    On June 12, 2009, the ALJ issued his final ID finding a violation 
of section 337 by Samsung. He also issued his recommendation on remedy 
and bonding during the period of Presidential review. On June 29, 2009, 
Samsung and the Commission investigative attorney (``IA'') filed 
petitions for review of the final ID. The IA and Sharp filed responses 
to the petitions on July 7, 2009. The Commission has determined not to 
review the subject ID.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that results in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    When the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See section 337(j), 19 U.S.C. 
1337(j) and the Presidential Memorandum of July 21, 2005, 70 FR 43251 
(July 26, 2005). During this period, the subject articles would be 
entitled to enter the United States under bond, in an amount determined 
by the Commission. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding, and such submissions should address the recommended 
determination by the ALJ on remedy and bonding. The complainant and the 
IA are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainant is also requested to state the 
dates that the patents at issue expire and the HTSUS numbers under 
which the accused articles are imported. The written submissions and 
proposed remedial orders must be filed no later than close of business 
on September 16, 2009. Reply submissions must be filed no later than 
the close of business on September 23. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 sections 210.42-46 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-46.

    By order of the Commission.

    Issued: September 9, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-22179 Filed 9-15-09; 8:45 am]
BILLING CODE 7020-02-P