83 FR 51500 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Determination To Institute a Modification and Rescission Proceeding; Modification and Rescission of Certain Remedial Orders; and Termination of the Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range		51500-51501
FR Document		2018-22115

Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification and rescission proceeding. The Commission has further determined to grant a joint petition to modify in part a limited exclusion order (``LEO'') as to Respondent VIZIO, Inc. (``VIZIO'') and to rescind the cease and desist order (``CDO'') against VIZIO, based on a settlement agreement. The Commission has issued a modified LEO. The modification and rescission proceeding is terminated.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)

[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51500-51501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22115]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1044]


Certain Graphics Systems, Components Thereof, and Consumer 
Products Containing the Same; Commission Determination To Institute a 
Modification and Rescission Proceeding; Modification and Rescission of 
Certain Remedial Orders; and Termination of the Proceeding

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 institute a modification and rescission 
proceeding. The Commission has further determined to grant a joint 
petition to modify in part a limited exclusion order (``LEO'') as to 
Respondent VIZIO, Inc. (``VIZIO'') and to rescind the cease and desist 
order (``CDO'') against VIZIO, based on a settlement agreement. The 
Commission has issued a modified LEO. The modification and rescission 
proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 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. 
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 Investigation No. 
337-TA-1044 on March 22, 2017, based on a complaint filed by 
Complainants Advanced Micro Devices, Inc. of Sunnyvale, California and 
ATI Technologies ULC of Canada (collectively, ``AMD'' or 
``Complainants''). See 82 FR 14748

[[Page 51501]]

(Mar. 22, 2017). The complaint, as amended, alleges violations of 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain graphics systems, components thereof, and consumer products 
containing the same, by reason of infringement of certain claims of 
U.S. Patent No. 7,633,506 (``the '506 patent); U.S. Patent No. 
7,796,133; U.S. Patent No. 8,760,454; and U.S. Patent No. 9,582,846. 
Id. The notice of investigation identified LG Electronics, Inc. of 
Seoul, Republic of Korea, LG Electronics U.S.A., Inc. of Englewood 
Cliffs, New Jersey, and LG Electronics MobileComm U.S.A. Inc. of San 
Diego, California (collectively, ``LG''), VIZIO of Irvine, California, 
MediaTek Inc. of Hsinchu City, Taiwan and Media Tek USA Inc. of San 
Jose, California (collectively, ``MediaTek''), and SDI of Fremont, 
California, as respondents in this investigation. See id. The Office of 
Unfair Import Investigations (``OUII'') is also a party to the 
investigation.
    On October 20, 2017, the Administrative Law Judge (``ALJ'') issued 
an initial determination terminating the investigation as to LG based 
on settlement. See Order No. 48 (Oct. 20, 2017), unreviewed, Comm'n 
Notice (Nov. 13, 2017). The remaining respondents in this investigation 
are VIZIO, MediaTek, and SDI (hereinafter, ``Respondents'').
    On April 13, 2018, the ALJ issued her final initial determination 
(``FID'') finding a violation of section 337 with respect to the '506 
patent. On August 22, 2018, the Commission affirmed with modification 
the FID's findings. See 83 FR 43899-900 (Aug. 28, 2018). The Commission 
also determined that the appropriate remedy is a LEO against 
Respondents' infringing products and CDOs against VIZIO and SDI. See 
id.
    On September 11, 2018, Complainants and VIZIO filed a joint 
petition (Petition) to modify in part the LEO as to VIZIO and to 
rescind the CDO against VIZIO, based on a settlement agreement. The 
Petition states that ``[p]ursuant to this settlement, all VIZIO 
articles currently covered by the Commission's Limited Exclusion Order 
are now licensed.'' See Petition at 1. On September 21, 2018, the 
Investigative Attorney filed a response in support of the Petition. No 
other party filed a response or opposition to the Petition.
    In view of the settlement agreement between Complainants and VIZIO, 
the Commission finds that the conditions justifying the remedial orders 
against Respondent VIZIO no longer exist, and therefore, granting the 
petition is warranted under 19 U.S.C. 1337(k) and 19 CFR 210.76(a). 
Accordingly, the Commission has determined to institute a modification 
and rescission proceeding. The Commission has further determined to 
grant the joint petition to modify in part the LEO as to VIZIO and to 
rescind the CDO against VIZIO. The Commission has issued a modified 
LEO. The modification and rescission proceeding is terminated.
    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 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 5, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-22115 Filed 10-10-18; 8:45 am]
 BILLING CODE 7020-02-P

51500 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

Department of the Interior by email at withhold your personal identifying INTERNATIONAL TRADE
OIRA_Submission@omb.eop.gov; or via information from public review, we COMMISSION
facsimile to (202) 395–5806. Please cannot guarantee that we will be able to
[Investigation No. 337–TA–1044]
provide a copy of your comments to do so.
USGS, Information Collections Abstract: Respondents supply the Certain Graphics Systems,
Clearance Officer, 12201 Sunrise Valley U.S. Geological Survey with avian Components Thereof, and Consumer
Drive, MS 159, Reston, VA 20192; or by population data for more than 600 North Products Containing the Same;
email to gs-info_collections@usgs.gov. American bird species. The survey data, Commission Determination To Institute
Please reference OMB Control Number resulting population trend estimates, a Modification and Rescission
1028–0079 in the subject line of your and relative abundance estimates will Proceeding; Modification and
comments. be made available via the internet and Rescission of Certain Remedial
FOR FURTHER INFORMATION CONTACT: To through special publications, for use by Orders; and Termination of the
request additional information about Government agencies, industry, Proceeding
this ICR, contact Keith Pardieck by education programs, and the general
email at kpardieck@usgs.gov or by AGENCY: U.S. International Trade
public. We will protect information
telephone at 301–497–5843. You may Commission.
from respondents considered
also view the ICR at http:// proprietary under the Freedom of ACTION: Notice.
www.reginfo.gov/public/do/PRAMain. Information Act (5 U.S.C. 552) and its’ SUMMARY: Notice is hereby given that
SUPPLEMENTARY INFORMATION: We, the implementing regulations (43 CFR part the U.S. International Trade
USGS, in accordance with the 2), and under regulations at 30 CFR Commission has determined to institute
Paperwork Reduction Act of 1995, 250.197, ‘‘Data and information to be a modification and rescission
provide the general public and other made available to the public or for proceeding. The Commission has
Federal agencies with an opportunity to limited inspection.’’ Responses are further determined to grant a joint
comment on proposed, revised, and voluntary. No questions of a ‘‘sensitive’’ petition to modify in part a limited
continuing collections of information. nature are asked. exclusion order (‘‘LEO’’) as to
This helps us assess the impact of our Title of Collection: North American Respondent VIZIO, Inc. (‘‘VIZIO’’) and
information collection requirements and Breeding Bird Survey. to rescind the cease and desist order
minimize the public’s reporting burden. (‘‘CDO’’) against VIZIO, based on a
It also helps the public understand our OMB Control Number: 1028–0079.
settlement agreement. The Commission
information collection requirements and Form Number: None. has issued a modified LEO. The
provide the requested data in the Type of Review: Extension of a modification and rescission proceeding
desired format. currently approved collection. is terminated.
A Federal Register notice with a 60-
day public comment period soliciting Respondents/Affected Public: General FOR FURTHER INFORMATION CONTACT:
comments on this collection of public skilled in bird identification. Houda Morad, Office of the General
information was published on June 21, Counsel, U.S. International Trade
Total Estimated Number of Annual
2018 (FR 83, Number 120, Pages 28860– Commission, 500 E Street SW,
Respondents: 1,600.
28861). We did receive one comment Washington, DC 20436, telephone (202)
Total Estimated Number of Annual 708–4716. Copies of non-confidential
but the comment did not address the
Responses: 2,600. documents filed in connection with this
collection of information on breeding
birds. Estimated Completion Time per investigation are or will be available for
We are again soliciting comments on Response: 11 hours. inspection during official business
the proposed ICR that is described hours (8:45 a.m. to 5:15 p.m.) in the
Total Estimated Number of Annual
below. We are especially interested in Office of the Secretary, U.S.
Burden Hours: 28,600.
public comment addressing the International Trade Commission,
Respondent’s Obligation: Voluntary. 500 E Street SW, Washington, DC
following issues: (1) Is the collection
necessary to the proper functions of the Frequency of Collection: Annually. 20436, telephone (202) 205–2000.
USGS; (2) will this information be Total Estimated Annual Non-hour General information concerning the
processed and used in a timely manner; Commission may also be obtained by
Burden Cost: $141,700. Mileage costs
(3) is the estimate of burden accurate; accessing its internet server at https://
are on average $54.50 per response,
(4) how might the USGS enhance the www.usitc.gov. The public record for
based on approximate 100-mile round
quality, utility, and clarity of the this investigation may be viewed on the
trip for data collection per response and
information to be collected; and (5) how Commission’s electronic docket (EDIS)
2018 federal mileage rate of $0.545 per
might the USGS minimize the burden of at https://edis.usitc.gov. Hearing-
mile.
this collection on the respondents, impaired persons are advised that
including through the use of An agency may not conduct or information on this matter can be
information technology. sponsor and a person is not required to obtained by contacting the
Comments that you submit in respond to a collection of information Commission’s TDD terminal on (202)
response to this notice are a matter of unless it displays a currently valid OMB 205–1810.
public record. Before including your control number. SUPPLEMENTARY INFORMATION: The
address, phone number, email address, The authority for this action is the Commission instituted Investigation No.
khammond on DSK30JT082PROD with NOTICES

or other personal identifying Paperwork Reduction Act of 1995 (44 337–TA–1044 on March 22, 2017, based
information in your comment, you U.S.C. 3501, et seq.). on a complaint filed by Complainants
should be aware that your entire Advanced Micro Devices, Inc. of
John French,
comment—including your personal Sunnyvale, California and ATI
identifying information—may be made Patuxent Wildlife Research Center Director. Technologies ULC of Canada
publicly available at any time. While [FR Doc. 2018–22040 Filed 10–10–18; 8:45 am] (collectively, ‘‘AMD’’ or
you may ask us in your comment to BILLING CODE 4338–11–P ‘‘Complainants’’). See 82 FR 14748

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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices 51501

(Mar. 22, 2017). The complaint, as therefore, granting the petition is China and India,1 following a
amended, alleges violations of section warranted under 19 U.S.C. 1337(k) and preliminary determination by the U.S.
337 of the Tariff Act of 1930, as 19 CFR 210.76(a). Accordingly, the Department of Commerce (‘‘Commerce’’)
amended (19 U.S.C. 1337), based upon Commission has determined to institute that imports of subject PTFE resin were
the importation into the United States, a modification and rescission being subsidized by the government of
the sale for importation, and the sale proceeding. The Commission has India.2 Notice of the scheduling of the
within the United States after further determined to grant the joint final phase of the Commission’s
importation of certain graphics systems, petition to modify in part the LEO as to investigations and of a public hearing to
components thereof, and consumer VIZIO and to rescind the CDO against be held in connection therewith was
products containing the same, by reason VIZIO. The Commission has issued a given by posting copies of the notice in
of infringement of certain claims of U.S. modified LEO. The modification and the Office of the Secretary, U.S.
Patent No. 7,633,506 (‘‘the ’506 patent); rescission proceeding is terminated. International Trade Commission,
U.S. Patent No. 7,796,133; U.S. Patent The authority for the Commission’s Washington, DC, and by publishing the
No. 8,760,454; and U.S. Patent No. determination is contained in section notice in the Federal Register of March
9,582,846. Id. The notice of 337 of the Tariff Act of 1930, as 8, 2018 (83 FR 12815). The hearing was
investigation identified LG Electronics, amended (19 U.S.C. 1337), and in part held in Washington, DC, on May 17,
Inc. of Seoul, Republic of Korea, LG 210 of the Commission’s Rules of 2018, and all persons who requested the
Electronics U.S.A., Inc. of Englewood Practice and Procedure (19 CFR part opportunity were permitted to appear in
Cliffs, New Jersey, and LG Electronics 210). person or by counsel. The Commission
MobileComm U.S.A. Inc. of San Diego, By order of the Commission. subsequently issued its final negative
California (collectively, ‘‘LG’’), VIZIO of Issued: October 5, 2018. determination regarding subsidized
Irvine, California, MediaTek Inc. of Lisa Barton, imports from India on July 6, 2018 (83
Hsinchu City, Taiwan and Media Tek FR 32150, July 11, 2018). Commerce has
Secretary to the Commission.
USA Inc. of San Jose, California issued final affirmative antidumping
[FR Doc. 2018–22115 Filed 10–10–18; 8:45 am]
(collectively, ‘‘MediaTek’’), and SDI of duty determinations with respect to the
Fremont, California, as respondents in BILLING CODE 7020–02–P
subject PTFE resin from China 3 and
this investigation. See id. The Office of India.4 Accordingly, the Commission
Unfair Import Investigations (‘‘OUII’’) is currently is issuing a supplemental
also a party to the investigation. INTERNATIONAL TRADE
schedule for its antidumping duty
On October 20, 2017, the COMMISSION
investigations on imports of PTFE resin
Administrative Law Judge (‘‘ALJ’’) [Investigation Nos. 731–TA–1392–1393 from China and India.
issued an initial determination (Final)] This supplemental schedule is as
terminating the investigation as to LG follows: The deadline for filing
based on settlement. See Order No. 48 Polytetrafluoroethylene (PTFE) Resin supplemental party comments on
(Oct. 20, 2017), unreviewed, Comm’n From China and India; Scheduling of Commerce’s final antidumping duty
Notice (Nov. 13, 2017). The remaining the Final Phase of Antidumping Duty determinations is October 11, 2018.
respondents in this investigation are Investigations Supplemental party comments may
VIZIO, MediaTek, and SDI (hereinafter, AGENCY: United States International address only Commerce’s final
‘‘Respondents’’). Trade Commission. antidumping duty determinations
On April 13, 2018, the ALJ issued her regarding imports of PTFE resin from
final initial determination (‘‘FID’’) ACTION: Notice.
China and India. These supplemental
finding a violation of section 337 with final comments may not contain new
DATES: September 26, 2018.
respect to the ’506 patent. On August factual information and may not exceed
22, 2018, the Commission affirmed with FOR FURTHER INFORMATION CONTACT:
Robert Casanova (202) 708–2719, Office five (5) pages in length. The
modification the FID’s findings. See 83 supplemental staff report in the final
FR 43899–900 (Aug. 28, 2018). The of Investigations, U.S. International
Trade Commission, 500 E Street SW, phase of these investigations regarding
Commission also determined that the subject imports from China and India
appropriate remedy is a LEO against Washington, DC 20436. Hearing-
Respondents’ infringing products and impaired persons can obtain 1 Polytetrafluoroethylene (PTFE) Resin from
CDOs against VIZIO and SDI. See id. information on this matter by contacting China and India, Scheduling of the Final Phase of
On September 11, 2018, Complainants the Commission’s TDD terminal on 202– Countervailing Duty and Anti-Dumping Duty
and VIZIO filed a joint petition 205–1810. Persons with mobility Investigations, 83 FR 12815, March 8, 2018.
(Petition) to modify in part the LEO as impairments who will need special 2 Polytetrafluoroethylene Resin from India:

assistance in gaining access to the Preliminary Affirmative Countervailing Duty
to VIZIO and to rescind the CDO against Determination, 83 FR 9842, March 8, 2018. See also
VIZIO, based on a settlement agreement. Commission should contact the Office Commerce’s later preliminary determinations:
The Petition states that ‘‘[p]ursuant to of the Secretary at 202–205–2000. Polytetrafluoroethylene Resin from the People’s
this settlement, all VIZIO articles General information concerning the Republic of China: Preliminary Affirmative
Commission may also be obtained by Determination of Sales at Less Than Fair Value,
currently covered by the Commission’s Postponement of Final Determination, and
Limited Exclusion Order are now accessing its internet server (https:// Extension of Provisional Measures, 83 FR 20039,
licensed.’’ See Petition at 1. On www.usitc.gov). The public record for May 7, 2018; Polytetrafluoroethylene Resin from
September 21, 2018, the Investigative these investigations may be viewed on India: Preliminary Affirmative Determination of
the Commission’s electronic docket Sales at Less Than Fair Value, Postponement of
khammond on DSK30JT082PROD with NOTICES

Attorney filed a response in support of Final Determination, and Extension of Provisional
the Petition. No other party filed a (EDIS) at https://edis.usitc.gov. Measures, 83 FR 20035, May 7, 2018.
response or opposition to the Petition. SUPPLEMENTARY INFORMATION: Effective 3 Polytetrafluoroethylene Resin from the People’s

In view of the settlement agreement March 8, 2018, the Commission Republic of China: Final Affirmative Determination
between Complainants and VIZIO, the established a general schedule for the of Sales at Less Than Fair Value, 83 FR 48590,
September 26, 2018.
Commission finds that the conditions conduct of the final phase of its 4 Polytetrafluoroethylene Resin from India: Final
justifying the remedial orders against investigations on Affirmative Determination Sales at Less Than Fair
Respondent VIZIO no longer exist, and polytetrafluoroethylene resin from Value, 83 FR 48594, September 26, 2018.

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Document Created: 2018-10-11 15:36:11
Document Modified: 2018-10-11 15:36:11

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		Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. 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 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. 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 Citation		83 FR 51500