[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23591-23592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09183]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-659 (Enforcement)]


Certain Prepregs, Laminates, and Finished Circuit Boards

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 grant a petition to rescind a consent 
order and not to review an ID (Order No. 20) of the administrative law 
judge (``ALJ'') terminating the above-captioned enforcement proceeding 
on the basis of a settlement agreement. Thus, the Commission hereby 
rescinds the April 10, 2009, consent order against Taiwan Union 
Technology Corp. (``TUC'') and terminates the enforcement proceeding.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 (http://www.usitc.gov). The public record for this investigation

[[Page 23592]]

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 the underlying 
investigation in this matter on November 12, 2008, based upon a 
complaint filed on behalf of Isola USA Corp. of Chandler, Arizona 
(``Isola'') on October 6, 2008, and supplemented on October 28, 2008. 
73 FR 66919 (November 12, 2008). The complaint alleged violations of 
section 337 of the Tariff Act of 1930 (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 prepregs, 
laminates, and finished circuit boards that infringe certain claims of 
United States Patent Nos. 6,187,852 (``the `852 patent''); 6,322,885 
(``the `885 patent''); and 6,509,414 (``the `414 patent''). The notice 
of investigation named seven firms as respondents. On December 22, 
2008, the Commission issued notice of its determinations not to review 
IDs terminating the investigation with respect to respondents Sanmina-
SCI Corp. and ITEQ Corp. based on settlement agreements. On January 9, 
2009, the Commission issued notice of its determination not to review 
an ID terminating the investigation with respect to the `414 patent.
    On March 19, 2009, the Commission issued notice of its 
determination not to review an ID terminating the investigation as to 
respondents VENTEC Electronics (Suzhou) Co., Ltd., VENTEC Electronics 
(HK) Co., Ltd., and VENTEC-Global Laminates USA LLC based on a consent 
order. On April 10, 2009, the Commission issued notice of its 
determination not to review an ID granting a joint motion to terminate 
the investigation as to TUC based on a consent order. The consent 
orders prohibit the sale for importation, importation, or sale after 
importation into the United States of certain prepregs and laminates 
that are the subject of the investigation or that otherwise infringe, 
induce, and/or contribute to the infringement of claims 1-3, 5, and 8 
of the `852 patent and claims 1, 2, 4, and 7-9 of the `885 patent. On 
May 11, 2009, the Commission issued notice of its determination not to 
review an ID granting Isola's motion to withdraw the complaint as to 
respondent Guangdong Shengyi Sci. Tech Co., Ltd., and terminated the 
investigation.
    On August 14, 2012, Isola filed a complaint for enforcement 
proceedings against TUC under Commission Rule 210.75(b). On October 2, 
2012, the Commission determined that the criteria for institution of 
enforcement proceedings were satisfied and instituted enforcement 
proceedings, naming TUC as a respondent. 77 FR 61025 (October 5, 2012). 
The complaint for enforcement asserts that TUC has violated the April 
10, 2009, consent order by importing or causing to be imported 
infringing articles identified as TU-862 HF and TU-86P HF.
    On February 25, 2013, Isola and TUC jointly petitioned the 
Commission to rescind the consent order issued against TUC on April 10, 
2009, based on a settlement agreement and license. Also on February 25, 
2013, Isola and TUC filed a joint motion to terminate the enforcement 
proceeding on the basis of a settlement agreement. On March 7, 2013, 
the Commission investigative attorney filed separate responses in 
support.
    On March 18, 2013, the ALJ issued the subject ID, granting the 
motion. The ALJ found that termination of the enforcement proceeding 
does not impose any undue burdens on the public health and welfare, 
competitive conditions in the United States economy, or United States 
consumers. No petitions for review were filed.
    Having considered the ID and the relevant portions of the record, 
the Commission has determined (1) to grant the joint petition to 
rescind the consent order and (2) not to review the subject ID. Thus, 
the Commission hereby rescinds the April 10, 2009, consent order 
against TUC and terminates the enforcement proceeding.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 
210.42(h), 210.21(c)(3)(ii), and 210.76 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.42(h), 210.21(c)(3)(ii), and 
210.76).

     Issued: April 15, 2013.

    By order of the Commission.

Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-09183 Filed 4-18-13; 8:45 am]
BILLING CODE 7020-02-P