[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67494-67495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18582]



[[Page 67494]]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1318 (Modification (II))]


Certain Graphics Systems, Components Thereof, and Digital 
Televisions Containing the Same; Notice of Commission Determination Not 
To Review an Initial Determination Granting a Joint Motion to 
Termination a Modification Proceeding Based on a Settlement Agreement; 
Termination of the Modification Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 79) of the presiding administrative law judge 
(``ALJ'') granting complainants and respondent Realtek Semiconductor 
Corporation's (``Realtek'') joint motion to terminate based on a 
settlement agreement a proceeding to modify a limited exclusion order 
(``LEO'') issued in the underlying investigation. The modification 
proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 7, 2022, based on a complaint filed by Advanced Micro Devices, 
Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, 
Canada (together, ``AMD''). 87 FR 34718-19 (June 7, 2022). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
on certain graphics systems, components thereof, and digital 
televisions containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,742,053; 8,760,454; 11,184,628; 8,468,547; 
and 8,854,381 (``the '381 patent''). Id. at 34718. The complaint 
further alleges that a domestic industry exists. Id. The notice of 
institution named 14 respondents: (1) TCL Industries Holdings Co., Ltd. 
of Guangdong, China; (2) TCL Industries Holdings (H.K.) Co. Limited of 
Hong Kong, China; (3) TCL Electronics Holdings Ltd. f/k/a TCL 
Multimedia Technology Holdings, Ltd. of Hong Kong, China; (4) TCL 
Technology Group Corporation of Guangdong, China; (5) TTE Corporation 
of Hong Kong, China; (6) TCL Holdings (BVI) Ltd. of Hong Kong, China; 
(7) TCL King Electrical Appliances (Huizhou) Co. Ltd. of Guangdong, 
China; (8) Shenzhen TCL New Technology Co., Ltd. of Guangdong, China; 
(9) TCL MOKA International Ltd. of Hong Kong, China; (10) TCL Smart 
Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam; (11) 
Manufacturas Avanzadas SA de CV of Chihuahua, Mexico; (12) TCL 
Electronics Mexico, S de RL de CV of Benito Juarez, Mexico; (13) TCL 
Overseas Marketing Ltd. of Hong Kong, China; and (14) Realtek of 
Hsinchu, Taiwan. Id. at 34719, as amended, 87 FR 62452-53 (Oct. 14, 
2022). The Office of Unfair Import Investigations was not named as a 
party to this investigation. 87 FR at 34719.
    On September 26, 2022, the Commission allowed TTE Technology, Inc. 
of Corona, California to intervene in this investigation as an 
additional respondent (collectively, with all named respondents except 
for Realtek, ``TCL''). See Order No. 17 (Aug. 30, 2022), unreviewed by 
Comm'n Notice (Sept. 26, 2022).
    On January 24, 2024, the Commission issued a final determination 
finding a violation of section 337 by TCL and Realtek with respect to 
claims 19 and 20 of the '381 patent. 89 FR 5934-35 (Jan. 30, 2024); see 
Comm'n Opinion (Jan. 24, 2024). The Commission determined that the 
appropriate remedy is: (i) an LEO against TCL's and Realtek's 
infringing products and (ii) cease and desist orders (``CDOs'') against 
each of the TCL entities, but not against Realtek. 89 FR at 5935. The 
Commission also set the bond during the period of Presidential review 
at zero (0) percent of the entered value of the infringing articles. 
Id.
    On March 28, 2024, Realtek filed an appeal from the Commission's 
final determination with the U.S. Court of Appeals for the Federal 
Circuit. See Realtek Semiconductor Corp. v. ITC, Appeal Nos. 24-1613. 
On July 1, 2024, the Federal Circuit granted Realtek's voluntary 
dismissal of the appeal. See id., ECF No. 28.
    On June 7, 2024, based on a settlement agreement between AMD and 
TCL, the Commission issued a modified LEO directed only to Realtek's 
infringing products, and rescinded the CDOs against TCL. See Modified 
LEO at 1 (June 7, 2024); Comm'n Order at 6 (June 7, 2024).
    On May 21, 2024, the Commission instituted a modification 
proceeding as to the LEO based on a changed condition of fact alleged 
by Realtek. 89 FR 46158-59 (May 28, 2024). On June 27, 2024, AMD and 
Realtek filed a joint motion to terminate the modification proceeding 
based on a June 17, 2024 settlement agreement between AMD and Realtek, 
attaching thereto as Exhibit B a non-confidential version of the 
settlement agreement. That same day, Realtek filed a separate 
correspondence to the Secretary attaching thereto as Exhibit A the 
unredacted version of the settlement agreement.
    On July 5, 2024, the ALJ issued Order No. 78, which (i) ordered AMD 
and Realtek to ``revise and refile the non-confidential version of the 
agreement required by Commission Rules 210.21(a)(2) and 210.21(b)(1) 
[19 CFR 210.21(a)(2) and (b)(1)], and in accordance with Commission 
Rule 201.6 [19 CFR 201.6],'' and (ii) stated that the motion to 
terminate will be ruled upon after the revised non-confidential version 
of the agreement is refiled. Order No. 78 at 2 (July 5, 2024). On July 
12, 2024, in response to Order No. 78, Realtek filed a revised non-
confidential version of the subject agreement (Ex. B).
    On July 15, 2024, the ALJ issued the subject ID (Order No. 79) 
granting the joint motion to terminate the modification proceeding. The 
ALJ found that the motion complies with the requirements of Commission 
Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), including the submission of 
confidential and non-confidential versions of the subject agreement in 
compliance with Commission Rule 201.6 (19 CFR 201.6), and that there is 
no evidence that terminating the proceeding would be contrary to the 
public interest in accordance with Commission Rule 210.50(b)(2) (19 CFR 
210.50(b)(2)). Order No. 79 at 2 (July 15, 2024). No petitions for 
review of the subject ID were filed.
    The Commission has determined not to review the subject ID. The 
modification proceeding is terminated.
    The Commission vote for this determination took place on August 14, 
2024.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as

[[Page 67495]]

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.

    Issued: August 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18582 Filed 8-19-24; 8:45 am]
BILLING CODE 7020-02-P