81 FR 73419 - Certain Silicon-on-Insulator Wafers; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 206 (October 25, 2016)

Page Range		73419-73420
FR Document		2016-25721

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 26, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Silicon Genesis Corporation of Santa Clara, California. Supplements were filed on October 3 and 7, 2016. The complaint, as supplemented, 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 silicon-on-insulator wafers by reason of infringement of U.S. Patent No. 6,458,672 (``the '672 patent'') and U.S. Patent No. 6,171,965 (``the '965 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 81 Issue 206 (Tuesday, October 25, 2016)

[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73419-73420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25721]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1025]


Certain Silicon-on-Insulator Wafers; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 26, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Silicon Genesis Corporation of Santa Clara, California. Supplements 
were filed on October 3 and 7, 2016. The complaint, as supplemented, 
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 silicon-on-insulator wafers by 
reason of infringement of U.S. Patent No. 6,458,672 (``the '672 
patent'') and U.S. Patent No. 6,171,965 (``the '965 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a 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 SW., Room 112, Washington, 
DC 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. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 210.10 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 19, 2016, 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 silicon-on-
insulator wafers by reason of infringement of one or more of claims 1, 
3, 28 and 39 of the '672 patent and claims 1-3 and 5 of the '965 
patent, and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainant has satisfied the economic prong of the 
domestic industry requirement. Any such decision shall be in the form 
of an initial determination (ID). Petitions for review of such an ID 
shall be due five calendar days after service of the ID; any replies 
shall be due three business days after service of a petition. The ID 
will become the Commission's final determination 30 days after the date 
of service of the ID unless the Commission determines to review the ID. 
Any such review will be conducted in accordance with Commission Rules 
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The 
Commission expects the issuance of an early ID relating to the economic 
prong of the domestic industry requirement within 100 days of 
institution, except that the presiding ALJ may grant a limited 
extension of the ID for good cause shown. The issuance of an early ID 
finding that complainants do not satisfy the economic prong of the 
domestic industry requirement shall stay the investigation unless the 
Commission orders otherwise; any other decision shall not stay the 
investigation or delay the issuance of a final ID covering the other 
issues of the investigation;
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the

[[Page 73420]]

Commission with findings of fact and a recommended determination on 
this issue, which shall be limited to the statutory public interest 
factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
    (4) 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 complainant is: Silicon Genesis Corporation, 2424 Walsh 
Avenue, Santa Clara, CA 95054.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Soitec, S.A., Parc Technologique des Fontaines, Chemin des Franques, 
38190 Bernin, France

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of the 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 19, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-25721 Filed 10-24-16; 8:45 am]
 BILLING CODE 7020-02-P

73420 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

Commission with findings of fact and a INTERNATIONAL TRADE Tariff Act of 1930 (19 U.S.C.
recommended determination on this COMMISSION 1675(c)(3)).2
issue, which shall be limited to the For further information concerning
statutory public interest factors set forth [Investigation Nos. 701–TA–379 and 731–
the conduct of these reviews and rules
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); TA–788, 792, and 793 (Third Review)] of general application, consult the
(4) For the purpose of the Commission’s Rules of Practice and
investigation so instituted, the following Stainless Steel Plate From Belgium, Procedure, part 201, subparts A and B
are hereby named as parties upon which South Africa, and Taiwan; Scheduling (19 CFR part 201), and part 207,
this notice of investigation shall be of Expedited Five-Year Reviews subparts A, D, E, and F (19 CFR part
served: 207).
(a) The complainant is: Silicon AGENCY: United States International Staff report.—A staff report
Genesis Corporation, 2424 Walsh Trade Commission. containing information concerning the
Avenue, Santa Clara, CA 95054. ACTION: Notice. subject matter of the reviews will be
(b) The respondent is the following placed in the nonpublic record on
entity alleged to be in violation of SUMMARY: The Commission hereby gives October 27, 2016, and made available to
section 337, and is the party upon notice of the scheduling of expedited persons on the Administrative
which the complaint is to be served: reviews pursuant to the Tariff Act of Protective Order service list for these
Soitec, S.A., Parc Technologique des 1930 (‘‘the Act’’) to determine whether reviews. A public version will be issued
Fontaines, Chemin des Franques, revocation of the countervailing duty thereafter, pursuant to section
38190 Bernin, France order on stainless steel plate from South 207.62(d)(4) of the Commission’s rules.
(c) The Office of Unfair Import Africa and the antidumping duty orders Written submissions.—As provided in
Investigations, U.S. International Trade on stainless steel plate from Belgium, section 207.62(d) of the Commission’s
Commission, 500 E Street SW., Suite South Africa, Taiwan would be likely to rules, interested parties that are parties
401, Washington, DC 20436; and lead to continuation or recurrence of to the reviews and that have provided
(5) For the investigation so instituted, material injury within a reasonably individually adequate responses to the
the Chief Administrative Law Judge, foreseeable time. notice of institution,3 and any party
U.S. International Trade Commission, other than an interested party to the
DATES: Effective Date: October 4, 2016.
shall designate the presiding reviews may file written comments with
Administrative Law Judge. FOR FURTHER INFORMATION CONTACT: the Secretary on what determinations
Responses to the complaint and the Amelia Shister (202–205–2047), Office the Commission should reach in the
notice of investigation must be of Investigations, U.S. International reviews. Comments are due on or before
submitted by the named respondent in Trade Commission, 500 E Street SW., November 1, 2016 and may not contain
accordance with section 210.13 of the Washington, DC 20436. Hearing- new factual information. Any person
Commission’s Rules of Practice and impaired persons can obtain that is neither a party to the five-year
Procedure, 19 CFR 210.13. Pursuant to information on this matter by contacting reviews nor an interested party may
19 CFR 201.16(e) and 210.13(a), such the Commission’s TDD terminal on 202– submit a brief written statement (which
responses will be considered by the 205–1810. Persons with mobility shall not contain any new factual
Commission if received not later than 20 impairments who will need special information) pertinent to the reviews by
days after the date of service by the assistance in gaining access to the November 1, 2016. However, should the
Commission of the complaint and the Commission should contact the Office Department of Commerce extend the
notice of investigation. Extensions of of the Secretary at 202–205–2000. time limit for its completion of the final
time for submitting responses to the General information concerning the results of its reviews, the deadline for
complaint and the notice of Commission may also be obtained by comments (which may not contain new
investigation will not be granted unless accessing its Internet server (https:// factual information) on Commerce’s
good cause therefor is shown. www.usitc.gov). The public record for final results is three business days after
Failure of the respondent to file a these reviews may be viewed on the the issuance of Commerce’s results. If
timely response to each allegation in the Commission’s electronic docket (EDIS) comments contain business proprietary
complaint and in this notice may be at https://edis.usitc.gov. information (BPI), they must conform
deemed to constitute a waiver of the SUPPLEMENTARY INFORMATION: with the requirements of sections 201.6,
right to appear and contest the Background.—On October 4, 2016, 207.3, and 207.7 of the Commission’s
allegations of the complaint and this the Commission determined that the rules. The Commission’s rules with
notice, and to authorize the domestic interested party group respect to filing were revised effective
administrative law judge and the response to its notice of institution (81 July 25, 2014. See 79 FR 35920 (June 25,
Commission, without further notice to FR 43245, July 1, 2016) of the subject 2014), and the revised Commission
the respondent, to find the facts to be as five-year reviews was adequate and that Handbook on E-filing, available from the
alleged in the complaint and this notice the respondent interested party group Commission’s Web site at https://
and to enter an initial determination response was inadequate. The edis.usitc.gov.
and a final determination containing Commission did not find any other In accordance with sections 201.16(c)
such findings, and may result in the circumstances that would warrant and 207.3 of the rules, each document
issuance of an exclusion order or a cease conducting full reviews.1 Accordingly, filed by a party to the reviews must be
and desist order or both directed against the Commission determined that it served on all other parties to the reviews
mstockstill on DSK3G9T082PROD with NOTICES

the respondent. would conduct expedited reviews 2 Commissioner Broadbent voted to conduct full
By order of the Commission. pursuant to section 751(c)(3) of the reviews.
Issued: October 19, 2016. 3 The Commission has found the responses

Lisa R. Barton, 1 A record of the Commissioners’ votes, the submitted by Allegheny Ludlum, LLC, North
Secretary to the Commission. Commission’s statement on adequacy, and any American Stainless, and Outokumpu Stainless
individual Commissioner’s statements will be USA, LLC to be individually adequate. Comments
[FR Doc. 2016–25721 Filed 10–24–16; 8:45 am] available from the Office of the Secretary and at the from other interested parties will not be accepted
BILLING CODE 7020–02–P Commission’s Web site. (see 19 CFR 207.62(d)(2)).

VerDate Sep<11>2014 16:58 Oct 24, 2016 Jkt 241001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

Document Created: 2018-02-13 16:38:34
Document Modified: 2018-02-13 16:38:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		81 FR 73419