[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