[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Pages 28856-28857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13121]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1097]


Certain Solid State Storage Drives, Stacked Electronics 
Components, And Products Containing Same Commission Determination Not 
To Review an Initial Determination Granting a Joint Motion To Terminate 
the Investigation With Respect to Certain Respondents; Termination of 
the Investigation In Its Entirety

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 not to review an initial determination 
(``ID'') (Order No. 47) of the presiding administrative law judge 
(``ALJ''), granting a joint motion to terminate the investigation as to 
respondents SK hynix Inc.; SK hynix America, Inc.; Dell Inc.; Dell 
Technologies Inc.; HP Inc.; Hewlett Packard Enterprise Co.; ASUSTeK 
Computer Inc.; ASUS Computer International; Acer Inc.; Acer America 
Corp.; Lenovo Group Ltd.; and Lenovo (United States) Inc. The 
investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 January 26, 2018, based on a complaint filed by BiTMICRO, LLC 
(``BiTMICRO'') of Reston, Virginia. 83 FR 3771 (Jan. 26, 2018). The 
complaint, as amended, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain solid state 
storage drives, stacked electronics components, and products containing 
the same by reason of infringement of one or more of claims 1, 2, 11, 
and 12 of U.S. Patent No. 7,826,243; claims 1-20 of U.S. Patent No. 
6,529,416; claims 1-101 of U.S. Patent No. 9,135,190; and claims 12 and 
16 of U.S. Patent No. 8,093,103. Id. The complaint also alleges that an 
industry in the United States exists as required by 19 U.S.C. 
1337(a)(2). Id. The notice of investigation named as respondents 
Samsung Electronics Co., Ltd. of Gyeonggi-do, Republic of Korea; 
Samsung Semiconductor, Inc. of San Jose, California; and Samsung 
Electronics America, Inc. of Ridgefield Park, New Jersey (collectively, 
``Samsung''); VAIO Corporation of Azumino, Japan (``VAIO''); 
Transcosmos America Inc. of Gardena, California (``transcosmos''); SK 
hynix Inc. of Gyeonggido, Republic of Korea; and SK hynix America Inc. 
of San Jose, California (collectively, ``SK hynix); Dell Inc. of Round 
Rock, Texas; Dell Technologies Inc. of Round Rock, Texas; Lenovo Group 
Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, 
North Carolina; HP Inc. of Palo Alto, California; Hewlett Packard 
Enterprise Co. of Palo Alto, California; ASUSTeK Computer Inc. of 
Taipei, Taiwan; ASUS Computer International of Fremont, California; 
Acer Inc. of New Taipei City, Taiwan; and Acer America Corp. of San 
Jose, California (collectively, ``Remaining Respondents''). Id. at 
3772. The Office of Unfair Import Investigations (``OUII'') is also a 
party to the investigation. Id. Respondents Samsung, VAIO, and 
transcosmos were terminated from the investigation based on a 
settlement agreement. See Order No. 45 (Apr. 26, 2019), not reviewed by 
Comm'n Notice (May 15, 2019).
    On January 30, 2019, Respondents filed a motion for summary 
determination with respect to the technical prong of the domestic 
industry requirement. BiTMICRO and OUII each filed a response opposing 
the motion. Thereafter, Respondents filed a reply brief.
    On March 26, 2019, the ALJ issued Order No. 31 (Mar. 26, 2019), 
granting-

[[Page 28857]]

in-part Respondents' motion for summary determination with respect to 
the technical prong of the domestic industry requirement. BiTMICRO 
filed a petition for review of Order No. 31. Respondents and OUII each 
filed a response to the petition.
    On April 9, 2019, BiTMICRO, SK hynix, and the Remaining Respondents 
filed a joint motion to stay the procedural schedule by four weeks to 
allow time to finalize a settlement agreement. The next day the ALJ 
issued Order No. 44 (Apr. 10, 2019), granting the joint motion to stay. 
The stay was extended pursuant to Order No. 46 (May 9, 2019).
    On May 17, 2019, BiTMICRO, SK hynix, and the Remaining Respondents 
filed a joint motion to terminate the investigation in its entirety 
based on a settlement agreement between BiTMICRO and SK hynix pursuant 
to 19 CFR 210.21(b). On May 23, 2019, OUII filed a response supporting 
the motion.
    On May 28, 2019, the ALJ issued the subject ID granting the motion 
to terminate. Order No. 47 at 1 (May 28, 2019). The ALJ found that the 
motion complies with the Commission Rules, and that no public interest 
factors prohibit the termination of this investigation as to SK hynix 
and the Remaining Respondents, who are downstream customers of SK 
hynix. Id. at 2-3. The ALJ found that the settlement agreement appears 
to resolve the disputes between BiTMICRO, SK hynix, and the Remaining 
Respondents. Id. at 2. No petitions for review were filed.
    The Commission has determined not to review the subject ID. The 
Commission's determination renders the ALJ's findings in Order No. 31 
moot. The Commission has determined to review and take no position on 
Order No. 31. The investigation is terminated in its entirety.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Dated: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13121 Filed 6-19-19; 8:45 am]
BILLING CODE 7020-02-P