[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Page 62072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30548]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-404]
Certain SDRAMs, DRAMs, ASICs, RAM-and-LOGIC Chips,
Microprocessors, Microcontrollers, Processes for Manufacturing Same and
Products Containing Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 16, 1997, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on
behalf of Samsung Electronics Co., Ltd. of Seoul, Korea and Samsung
Austin Semiconductor, L.L.C. of Austin, Texas. A supplementary letter
was filed on November 3, 1997. The complaint, as supplemented, alleges
violations of section 337 in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain SDRAMs, DRAMs, ASICs, RAM-and-Logic chips,
microprocessors, microcontrollers, and products containing same by
reason of infringement of claims 1, 2, 3, 5, and 6 of U.S. Letters
Patent 5,444,026, and claim 1 of U.S. Letters Patent 4,972,373. The
complaint further alleges that there exists an industry in the United
States as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and a permanent cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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, S.W., Room 112,
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
Authority
The authority for institution of this investigation is contained in
section 337 of the Tariff Act of 1930, as amended, and in section
210.10 of the Commission's Rules of Practice and Procedure, 19 CFR
Sec. 210.10 (1997).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on November 13, 1997, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain SDRAMs,
DRAMs, ASICs, RAM-and-Logic chips, microprocessors, microcontrollers,
and products containing same by reason of infringement of claims 1, 2,
3, 5, or 6 of U.S. Letters Patent 5,444,026, or claim 1 of U.S. Letters
Patent 4,972,373, and whether there exists an industry in the United
States as required by subsection (a)(2) of section 337.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are--
Samsung Electronics Co., Ltd., Samsung Main Building 250, Taepyung Ro,
2GA, Chung Ku, Seoul, Korea 100-742
Samsung Austin Semiconductor, L.L.C., 12100 Samsung Boulevard, Austin,
Texas 78754
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Fujitsu, Ltd., 6-1 Marunouchi, 1-Chome, Chiyoda-ku, Tokyo 100, Japan
Fujitsu Microelectronics, Inc., 3545 North First Street, San Jose,
California
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW, Room 401-O,
Washington, D.C. 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.13.
Pursuant to 19 CFR Secs. 201.16(d) and 210.13(a), such responses will
be considered by the Commission if received no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting responses to the
complaint will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
By order of the Commission.
Issued: November 14, 1997.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-30548 Filed 11-19-97; 8:45 am]
BILLING CODE 7020-02-P