80_FR_15087 80 FR 15033 - Certain Silicon Microphone Packages and Products Containing Same: Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of Settlement; Termination of Investigation

80 FR 15033 - Certain Silicon Microphone Packages and Products Containing Same: Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of Settlement; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range15033-15033
FR Document2015-06381

Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion to terminate the above-referenced investigation based upon settlement.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Page 15033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06381]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-888]


Certain Silicon Microphone Packages and Products Containing Same: 
Commission Determination To Grant the Joint Motion To Terminate the 
Investigation on the Basis of Settlement; Termination of Investigation

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 the joint motion to terminate the 
above-referenced investigation based upon settlement.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 http://www.usitc.gov. The public record for this investigation 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 this investigation 
on July 26, 2013, based on a complaint filed by Knowles Electronics, 
LLC, of Itasca, Illinois. 78 Fed. Reg. 45272 (July 26, 2013). The 
notice of investigation named GoerTek, Inc. of Weifang, China and 
GoerTek Electronics, Inc. of Sunnyvale, California as respondents. The 
Commission's Office of Unfair Import Investigations is not a party to 
this investigation. The complaint alleged 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 silicon 
microphone packages and products containing the same, by reason of 
infringement of certain claims of U.S. Patent Nos. 7,439,616 (``the 
`616 patent''); 8,018,049 (``the `049 patent''); and 8,121,331. 
Subsequently, the investigation was terminated as to claims 13 and 14 
of the `616 patent and claim 24 of the `049 patent based on the 
withdrawal of complainant's allegations as to those claims. See Notice 
(May 16, 2014) (determining not to review Order No. 37 issued on April 
17, 2014).
    The evidentiary hearing in this investigation was held from May 6 
through May 14, 2014. On August 29, 2014, the ALJ issued the final 
initial determination (``ID'') finding a violation of section 337. 
Respondents and complainant (conditionally) petitioned for review of 
various portions of the final ID. The Commission determined to review 
the final ID in part, and issued a Notice dated November 6, 2014, 79 FR 
67446-48 (Nov. 13, 2014), in which the Commission specified the issues 
under review and the questions pertaining to such issues. The 
Commission received timely opening and reply briefs regarding the 
issues under review, as well as the issues of remedy, the public 
interest, and bonding, from both parties to the investigation.
    On February 11, 2015, the parties filed a ``Joint Motion To Extend 
the Target Date by 10 Days'' representing that an extension was 
necessary because the parties were ``making progress on an agreement 
which, if signed, would resolve their dispute and permit termination of 
this investigation pursuant to 19 CFR 210.21.'' Motion To Extend at 1. 
The Commission granted the joint motion extending the target date for 
completion of this investigation to March 16, 2015. See Commission 
Notice dated February 27, 2015.
    On February 25, 2015, the parties filed a ``Joint Motion To 
Terminate Investigation No. 337-TA-888 on the Basis of Settlement.''
    Having examined the joint motion, the settlement agreement, and the 
record of this investigation, the Commission has determined to grant 
the joint motion to terminate the investigation. The Commission finds 
that this termination will not prejudice the public interest.
    The Commission has therefore terminated this investigation. 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 Part 
210 of the Commission's Rules of Practice and Procedure (19 CFR part 
210).

    By order of the Commission.

    Issued: March 16, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06381 Filed 3-19-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                  Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                                 15033

                                                  public review, we cannot guarantee that                 on July 26, 2013, based on a complaint                joint motion to terminate the
                                                  we will be able to do so.                               filed by Knowles Electronics, LLC, of                 investigation. The Commission finds
                                                                                                          Itasca, Illinois. 78 Fed. Reg. 45272 (July            that this termination will not prejudice
                                                  Authority
                                                                                                          26, 2013). The notice of investigation                the public interest.
                                                    We provide this notice under section                  named GoerTek, Inc. of Weifang, China                   The Commission has therefore
                                                  10(c) of the ESA (16 U.S.C. 1531 et seq.)               and GoerTek Electronics, Inc. of                      terminated this investigation. The
                                                  and its implementing regulations (50                    Sunnyvale, California as respondents.                 authority for the Commission’s
                                                  CFR 17.22), and under NEPA (42 U.S.C.                   The Commission’s Office of Unfair                     determination is contained in section
                                                  4371 et seq.) and its implementing                      Import Investigations is not a party to               337 of the Tariff Act of 1930, as
                                                  regulations (40 CFR 1506.6; 43 CFR part                 this investigation. The complaint                     amended (19 U.S.C. 1337), and Part 210
                                                  46).                                                    alleged violations of section 337 in the              of the Commission’s Rules of Practice
                                                    Dated: February 18, 2015.                             importation into the United States, the               and Procedure (19 CFR part 210).
                                                  Lynn Lewis,                                             sale for importation, and the sale within
                                                                                                                                                                  By order of the Commission.
                                                  Assistant Regional Director, Ecological                 the United States after importation of
                                                                                                                                                                  Issued: March 16, 2015.
                                                  Services, Midwest Region.                               silicon microphone packages and
                                                                                                          products containing the same, by reason               Lisa R. Barton,
                                                  [FR Doc. 2015–06396 Filed 3–19–15; 8:45 am]
                                                                                                          of infringement of certain claims of U.S.             Secretary to the Commission.
                                                  BILLING CODE 4310–55–P
                                                                                                          Patent Nos. 7,439,616 (‘‘the ‘616                     [FR Doc. 2015–06381 Filed 3–19–15; 8:45 am]
                                                                                                          patent’’); 8,018,049 (‘‘the ‘049 patent’’);           BILLING CODE 7020–02–P
                                                                                                          and 8,121,331. Subsequently, the
                                                  INTERNATIONAL TRADE
                                                                                                          investigation was terminated as to
                                                  COMMISSION
                                                                                                          claims 13 and 14 of the ‘616 patent and
                                                  [Investigation No. 337–TA–888]                          claim 24 of the ‘049 patent based on the              DEPARTMENT OF JUSTICE
                                                                                                          withdrawal of complainant’s allegations
                                                  Certain Silicon Microphone Packages                     as to those claims. See Notice (May 16,               Notice of Lodging of Proposed
                                                  and Products Containing Same:                           2014) (determining not to review Order                Consent Decree Under the Clean Air
                                                  Commission Determination To Grant                       No. 37 issued on April 17, 2014).                     Act
                                                  the Joint Motion To Terminate the                          The evidentiary hearing in this
                                                  Investigation on the Basis of                                                                                   On March 16, 2015, the Department of
                                                                                                          investigation was held from May 6
                                                  Settlement; Termination of                                                                                    Justice lodged a proposed Consent
                                                                                                          through May 14, 2014. On August 29,
                                                  Investigation                                                                                                 Decree with the United States District
                                                                                                          2014, the ALJ issued the final initial
                                                                                                                                                                Court for the Southern District of
                                                  AGENCY: U.S. International Trade                        determination (‘‘ID’’) finding a violation
                                                                                                          of section 337. Respondents and                       Indiana in the lawsuit entitled United
                                                  Commission.                                                                                                   States and the State of Indiana v. Exide
                                                                                                          complainant (conditionally) petitioned
                                                  ACTION: Notice.                                                                                               Technologies, Civil Action No. 15–cv–
                                                                                                          for review of various portions of the
                                                                                                          final ID. The Commission determined to                433 (S.D. Ind.).
                                                  SUMMARY:   Notice is hereby given that                                                                          A Complaint that was filed along with
                                                  the U.S. International Trade                            review the final ID in part, and issued
                                                                                                          a Notice dated November 6, 2014, 79 FR                the proposed Consent Decree alleges
                                                  Commission has determined to grant the                                                                        that Exide Technologies (‘‘Exide’’) has
                                                  joint motion to terminate the above-                    67446–48 (Nov. 13, 2014), in which the
                                                                                                          Commission specified the issues under                 violated the Clean Air Act and its
                                                  referenced investigation based upon                                                                           implementing regulations, certain terms
                                                  settlement.                                             review and the questions pertaining to
                                                                                                          such issues. The Commission received                  and conditions of Exide’s Clean Air Act
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              Title V operating permit, and
                                                                                                          timely opening and reply briefs
                                                  Michael Liberman, Esq., Office of the                   regarding the issues under review, as                 corresponding requirements under
                                                  General Counsel, U.S. International                     well as the issues of remedy, the public              Indiana state law at its secondary lead
                                                  Trade Commission, 500 E Street SW.,                     interest, and bonding, from both parties              smelting facility in Muncie, Indiana.
                                                  Washington, DC 20436, telephone (202)                   to the investigation.                                 The proposed Consent Decree would
                                                  205–3115. Copies of non-confidential                       On February 11, 2015, the parties                  resolve the claims alleged in the
                                                  documents filed in connection with this                 filed a ‘‘Joint Motion To Extend the                  Complaint in exchange for Exide’s
                                                  investigation are or will be available for              Target Date by 10 Days’’ representing                 commitment to make specific
                                                  inspection during official business                     that an extension was necessary because               improvements to its air pollution
                                                  hours (8:45 a.m. to 5:15 p.m.) in the                   the parties were ‘‘making progress on an              control and monitoring systems at its
                                                  Office of the Secretary, U.S.                           agreement which, if signed, would                     Muncie facility, including installing a
                                                  International Trade Commission, 500 E                   resolve their dispute and permit                      new furnace exhaust gas afterburner,
                                                  Street SW., Washington, DC 20436,                       termination of this investigation                     and to pay civil penalties to the United
                                                  telephone (202) 205–2000. General                       pursuant to 19 CFR 210.21.’’ Motion To                States and the State. The penalties
                                                  information concerning the Commission                   Extend at 1. The Commission granted                   would be paid as allowed claims in
                                                  may also be obtained by accessing its                   the joint motion extending the target                 Exide’s pending Chapter 11 bankruptcy
                                                  Internet server at http://www.usitc.gov.                date for completion of this investigation             proceeding, captioned In re Exide
                                                  The public record for this investigation                to March 16, 2015. See Commission                     Technologies, No. 13–11482–KJC
                                                  may be viewed on the Commission’s                       Notice dated February 27, 2015.                       (Bankr. D. Del.). The Consent Decree
                                                  electronic docket (EDIS) at http://
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             On February 25, 2015, the parties                  would grant the United States and the
                                                  edis.usitc.gov. Hearing-impaired                        filed a ‘‘Joint Motion To Terminate                   State equivalent allowed penalty claims
                                                  persons are advised that information on                 Investigation No. 337–TA–888 on the                   in the bankruptcy totaling $820,000,
                                                  this matter can be obtained by                          Basis of Settlement.’’                                including a $246,000 allowed
                                                  contacting the Commission’s TDD                            Having examined the joint motion,                  administrative expense claim and a
                                                  terminal on (202) 205–1810.                             the settlement agreement, and the                     $164,000 allowed general unsecured
                                                  SUPPLEMENTARY INFORMATION: The                          record of this investigation, the                     claim each for the United States and the
                                                  Commission instituted this investigation                Commission has determined to grant the                State.


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Document Created: 2015-12-18 11:34:15
Document Modified: 2015-12-18 11:34:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMichael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 http:// www.usitc.gov. The public record for this investigation 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.
FR Citation80 FR 15033 

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