Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices 16507

(a) The quantity and value (landed, likely to occur within a reasonably Violation of Section 337 (‘‘ID’’) and duty-paid but not including foreseeable time. Supply conditions to Recommended Determination on antidumping or countervailing duties) consider include technology; Remedy and Bond finding that of U.S. imports and, if known, an production methods; development Respondents violated section 337 of the estimate of the percentage of total U.S. efforts; ability to increase production Tariff Act of 1930 by importation into imports of Subject Merchandise from (including the shift of production the United States, the sale for each Subject Country accounted for by facilities used for other products and the importation, or the sale within the your firm’s(s’) imports; use, cost, or availability of major inputs United States after importation, of (b) the quantity and value (f.o.b. U.S. into production); and factors related to certain semiconductor chips having port, including antidumping and/or the ability to shift supply among synchronous dynamic random access countervailing duties) of U.S. different national markets (including memory controllers and products commercial shipments of Subject barriers to importation in foreign containing same by reason of Merchandise imported from each markets or changes in market demand infringement of one or more claims of Subject Country; and abroad). Demand conditions to consider U.S. Patent Nos. 6,470,405 (‘‘the ’405 (c) the quantity and value (f.o.b. U.S. include end uses and applications; the patent’’), 6,591,353 (‘‘the ’353 patent’’), port, including antidumping and/or existence and availability of substitute and 7,287,109 (‘‘the ’109 patent’’). countervailing duties) of U.S. internal products; and the level of competition FOR FURTHER INFORMATION CONTACT: Paul consumption/company transfers of among the Domestic Like Product M. Bartkowski, Office of the General Subject Merchandise imported from produced in the United States, Subject Counsel, U.S. International Trade each Subject Country. Merchandise produced in the Subject Commission, 500 E Street, SW., (11) If you are a producer, an exporter, Country(ies), and such merchandise Washington, DC 20436, telephone (202) or a trade/business association of from other countries. 708–5432. Copies of non-confidential producers or exporters of the Subject (13) (OPTIONAL) A statement of documents filed in connection with this Merchandise in the Subject whether you agree with the above investigation are or will be available for Country(ies), provide the following definitions of the Domestic Like Product inspection during official business information on your firm’s(s’) and Domestic Industry; if you disagree hours (8:45 a.m. to 5:15 p.m.) in the operations on that product during with either or both of these definitions, calendar year 2009 (report quantity data Office of the Secretary, U.S. please explain why and provide International Trade Commission, 500 E in short tons and value data in U.S. alternative definitions. dollars, landed and duty-paid at the Street, SW., Washington, DC 20436, U.S. port but not including antidumping Authority: These reviews are being telephone (202) 205–2000. General or countervailing duties). If you are a conducted under authority of title VII of the information concerning the Commission trade/business association, provide the Tariff Act of 1930; this notice is published may also be obtained by accessing its pursuant to section 207.61 of the Internet server at http://www.usitc.gov. information, on an aggregate basis, for Commission’s rules. the firms which are members of your The public record for this investigation association. Issued: March 19, 2010. may be viewed on the Commission’s (a) Production (quantity) and, if By order of the Commission. electronic docket (EDIS) at http:// known, an estimate of the percentage of Marilyn R. Abbott, edis.usitc.gov. Hearing-impaired total production of Subject Merchandise Secretary to the Commission. persons are advised that information on this matter can be obtained by in each Subject Country accounted for [FR Doc. 2010–6623 Filed 3–31–10; 8:45 am] contacting the Commission’s TDD by your firm’s(s’) production; and BILLING CODE 7020–02–P (b) Capacity (quantity) of your firm to terminal on (202) 205–1810. produce the Subject Merchandise in SUPPLEMENTARY INFORMATION: The each Subject Country (i.e., the level of INTERNATIONAL TRADE Commission instituted Inv. No. 337– production that your establishment(s) COMMISSION TA–661 on December 10, 2008, based could reasonably have expected to on a complaint filed by Rambus, Inc. of attain during the year, assuming normal [Investigation No. 337–TA–661] Los Altos, California (‘‘Rambus’’). 73 FR 75131–2. The complaint, as amended operating conditions (using equipment In the Matter of Certain Semiconductor and supplemented, alleges violations of and machinery in place and ready to Chips Having Synchronous Dynamic section 337 of the Tariff Act of 1930, as operate), normal operating levels (hours Random Access Memory Controllers amended, 19 U.S.C. 1337 (‘‘section per week/weeks per year), time for and Products Containing Same; Notice 337’’), in the importation into the United downtime, maintenance, repair, and of Commission Determination To States, the sale for importation, and the cleanup, and a typical or representative Review in Part an Initial Determination sale within the United States after product mix); and Finding Respondents in Violation of importation of certain electronic devices (c) the quantity and value of your Section 337; Denial of Respondents’ by reason of infringement of certain firm’s(s’) exports to the United States of Joint Motion To Extend Target Date; claims of the ’353 patent, the ’405 Subject Merchandise and, if known, an Schedule for Briefing on the Issues on patent, the ’109 patent, as well as estimate of the percentage of total Review and on Remedy, Public certain claims of U.S. Patent Nos. exports to the United States of Subject Interest, and Bonding Merchandise from each Subject Country 7,117,998 (‘‘the ’998 patent); 7,210,016 accounted for by your firm’s(s’) exports. AGENCY: U.S. International Trade (‘‘the ’016 patent’’); 7,287,119 (‘‘the ’119 (12) Identify significant changes, if Commission. patent’’); 7,330,952 (‘‘the ’952 patent’’); any, in the supply and demand ACTION: Notice. 7,330,953 (‘‘the ’953 patent’’); and conditions or business cycle for the 7,360,050 (‘‘the ’050 patent’’). The Domestic Like Product that have SUMMARY: Notice is hereby given that Commission’s notice of investigation occurred in the United States or in the the U.S. International Trade named the following respondents: market for the Subject Merchandise in Commission has determined to review NVIDIA Corporation of Santa Clara, the Subject Country(ies) after 2004, and in part the presiding administrative law California; Asustek Computer, Inc. of significant changes, if any, that are judge’s (‘‘ALJ’’) Initial Determination on Taipei, Taiwan; ASUS Computer

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International, Inc. of Fremont, patents have been obvious to one of directly competitive with those that are California; BFG Technologies, Inc. of ordinary skill in the art at the time of subject to investigation, and (4) U.S. Lake Forest, Illinois; Biostar Microtech invention? In your answer, please consumers. The Commission is (USA) Corp. of City of Industry, identify which claim element(s), if any, therefore interested in receiving written California; Biostar Microtech are not disclosed in the Coteus reference submissions that address the International Corp. of Hsin Ten, Taiwan; but would have been obvious to one of aforementioned public interest factors Diablotek Inc. of Alhambra, California; ordinary skill in the art. in the context of this investigation. EVGA Corp. of Brea, California; G.B.T. Regarding the issue of obviousness- If the Commission orders some form Inc. of City of Industry, California; Giga- type double patenting of the Barth I of remedy, the U.S. Trade byte Technology Co., Ltd. of Taipei, claims: Representative, as delegated by the Taiwan; Hewlett-Packard Co. of Palo Under the facts as found by the ALJ, President, has 60 days to approve or Alto, California; MSI Computer Corp. of do the differences in scope of the disapprove the Commission’s action. City of Industry, California; Micro-star asserted Barth I patent claims and the See Presidential Memorandum of July International Co., Ltd. of Taipei, claims of the Farmwald ‘037 patent 21, 2005, 70 FR 43251 (July 26, 2005). Taiwan; Palit Multimedia Inc. of San render the asserted Barth I claims During this period, the subject articles Jose, California; Palit Microsystems Ltd. patentably distinct? would be entitled to enter the United of Taipei, Taiwan; Pine Technology Regarding obviousness with respect to States under bond, in an amount Holdings, Ltd. of Hong Kong and the asserted Barth I claims: determined by the Commission and Sparkle Computer Co. of Taipei, Taiwan (1) What are the differences between prescribed by the Secretary of the (referred to collectively as the scope and content of the asserted Treasury. The Commission is therefore ‘‘Respondents’’). prior art and the asserted Barth I claims? interested in receiving submissions On July 13, 2009, the Commission (2) What is the appropriate skill level concerning the amount of the bond that issued a notice terminating the ’119, of one of ordinary skill in the art? should be imposed if a remedy is ’952, ’953, and ’050 patents and certain (3) In light of the underlying facts, ordered. claims of the ‘109 patent from the would the asserted claims of the Barth Written Submissions: The parties to investigation. I patents have been obvious to one of the investigation are requested to file On January 22, 2010, the ALJ issued ordinary skill in the art at the time of written submissions on the issues under his ID on Violation of Section 337 and invention? review. The submissions should be Recommended Determination on Please address only those references concise and thoroughly referenced to Remedy and Bond. The ALJ found that and combinations of references that the record in this investigation, Respondents violated section 337 by were properly preserved under the ALJ’s including references to exhibits and importing certain semiconductor chips Ground Rule 11.1. testimony. Additionally, parties to the having synchronous dynamic random Furthermore, in connection with the investigation, interested government access memory controllers and products final disposition of this investigation, agencies, and any other interested containing same with respect to various the Commission may (1) issue an order parties are encouraged to file written claims of the ’405, ’353, and ’109 that could result in the exclusion of the submissions on the issues of remedy, patents. The ALJ determined that there subject articles from entry into the the public interest, and bonding. Such was no violation of section 337 with United States, and/or (2) issue one or submissions should address the respect to the asserted ’016 and ’998 more cease-and-desist orders that could recommended determination by the ALJ patent claims. result in the respondent being required on remedy and bonding. Further, Having examined the record of this to cease and desist from engaging in regarding the potential issuance of a investigation, including the ALJ’s final unfair acts in the importation and sale general exclusion order, the ID and the submissions of the parties, of such articles. Accordingly, the Commission requests briefing specific to the Commission has determined to Commission is interested in receiving whether the statutory criteria set forth in review the final ID in part, to reject written submissions that address the section 337(d)(2) are met in this Rambus’s petition to vacate Order No. form of remedy, if any, that should be investigation. Complainants and the 15, and to deny Respondents’ motion to ordered. If a party seeks exclusion of an Commission investigative attorney are extend the target date. Specifically, the article from entry into the United States also requested to submit proposed Commission has determined to review for purposes other than entry for remedial orders for the Commission’s (1) the ID’s anticipation and consumption, the party should so consideration. Complainants are also obviousness findings with respect to the indicate and provide information requested to state the dates that the Ware patents; (2) the ID’s obviousness- establishing that activities involving patents expire and the HTSUS numbers type double patenting analysis regarding other types of entry either are adversely under which the accused products are the asserted Barth I claims; and (3) the affecting it or likely to do so. For imported. The written submissions and ID’s analysis of the alleged obviousness background, see In the Matter of Certain proposed remedial orders must be filed of the asserted Barth I claims. The Devices for Connecting Computers via no later than close of business on Commission requests briefing based on Telephone Lines, Inv. No. 337–TA–360, April 6, 2010. Reply submissions must the evidentiary record on these issues. USITC Pub. No. 2843 (December 1994) be filed no later than the close of The Commission is particularly (Commission Opinion). business on April 15, 2010. No further interested in concise responses to the If the Commission contemplates some submissions on these issues will be following questions: form of remedy, it must consider the permitted unless otherwise ordered by Regarding the Ware patents: effects of that remedy upon the public the Commission. (1) What are the differences between interest. The factors the Commission Persons filing written submissions the scope and content of the Coteus will consider include the effect that an must file the original document and 12 patent and the asserted Ware claims? exclusion order and/or cease-and-desist true copies thereof on or before the (2) What is the appropriate skill level orders would have on (1) the public deadlines stated above with the Office of one of ordinary skill in the art? health and welfare, (2) competitive of the Secretary. Any person desiring to (3) In light of the underlying facts, conditions in the U.S. economy, (3) U.S. submit a document to the Commission would the asserted claims of the Ware production of articles that are like or in confidence must request confidential

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treatment unless the information has (Certain Non-Shellfish Derived E (19 CFR part 201), and part 207, already been granted such treatment Glucosamine and Products Containing subparts A and C (19 CFR part 207). during the proceedings. All such Same). DATES: Effective Date: March 16, 2010. requests should be directed to the In accordance with Commission FOR FURTHER INFORMATION CONTACT: Secretary of the Commission and must policy, subject matter listed above, not Angela M. W. Newell (202–708–5409), include a full statement of the reasons disposed of at the scheduled meeting, Office of Investigations, U.S. why the Commission should grant such may be carried over to the agenda of the International Trade Commission, 500 E treatment. See 19 CFR 201.6. Documents following meeting. Earlier notification Street SW., Washington, DC 20436. for which confidential treatment by the of this meeting was not possible. Hearing-impaired persons can obtain Commission is sought will be treated By order of the Commission. information on this matter by contacting accordingly. All nonconfidential written Issued: March 29, 2010. the Commission’s TDD terminal on 202– submissions will be available for public William R. Bishop, 205–1810. Persons with mobility inspection at the Office of the Secretary. Hearings and Meetings Coordinator. impairments who will need special The authority for the Commission’s assistance in gaining access to the [FR Doc. 2010–7403 Filed 3–30–10; 11:15 am] determination is contained in section Commission should contact the Office 337 of the Tariff Act of 1930, as BILLING CODE 7020–02–P of the Secretary at 202–205–2000. amended (19 U.S.C. 1337), and in General information concerning the section 210.42–43 of the Commission’s Commission may also be obtained by Rules of Practice and Procedure (19 CFR INTERNATIONAL TRADE COMMISSION accessing its Internet server (http:// 210.42–43). www.usitc.gov). The public record for By order of the Commission. [Investigations Nos. 701–TA–473 (Final) and these investigations may be viewed on 731–TA–1173 (Final)] Issued: March 25, 2010. the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Marilyn R. Abbott, Certain Potassium Phosphate Salts Secretary to the Commission. From China SUPPLEMENTARY INFORMATION: [FR Doc. 2010–7279 Filed 3–31–10; 8:45 am] Background.—The final phase of AGENCY: United States International these investigations is being scheduled BILLING CODE 7020–02–P Trade Commission. as a result of affirmative preliminary ACTION: Scheduling of the final phase of determinations by the Department of INTERNATIONAL TRADE countervailing duty and antidumping Commerce that certain benefits which COMMISSION investigations. constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. [USITC SE–10–005] SUMMARY: The Commission hereby gives 1671b) are being provided to notice of the scheduling of the final manufacturers, producers, or exporters Government in the Sunshine Act phase of countervailing duty in China of certain potassium phosphate Meeting Notice investigation No. 701–TA–473 (Final) salts, and that such products are being AGENCY HOLDING THE MEETING: United under section 705(b) of the Tariff Act of sold in the United States at less than fair States International Trade Commission. 1930 (19 U.S.C. 1671d(b)) (the Act) and value within the meaning of section 733 the final phase of antidumping of the Act (19 U.S.C. 1673b). The TIME AND DATE: March 31, 2010 at 11 investigation No. 731–TA–1173 (Final) investigations were requested in a a.m. under section 735(b) of the Act (19 petition filed on September 29, 2009, by PLACE: Room 101, 500 E Street, SW., U.S.C. 1673d(b)) to determine whether ICL Performance Products, LP, St. Louis, Washington, DC 20436, Telephone: an industry in the United States is MO and Prayon, Inc. Augusta, GA. (202) 205–2000. materially injured or threatened with Participation in the investigations and STATUS: Open to the public. material injury, or the establishment of public service list.—Persons, including MATTERS TO BE CONSIDERED: an industry in the United States is industrial users of the subject 1. Agenda for future meetings: none. materially retarded, by reason of merchandise and, if the merchandise is 2. Minutes. subsidized and less-than-fair-value sold at the retail level, representative 3. Ratification List. imports from China of certain potassium consumer organizations, wishing to 4. Inv. No. 731–TA–1059 (Review) phosphate salts, provided for in participate in the final phase of these (Hand Trucks and Certain Parts Thereof subheadings 2835.24.00 and 2835.39.10 investigations as parties must file an from China)—briefing and vote. (The of the Harmonized Tariff Schedule of entry of appearance with the Secretary Commission is currently scheduled to the United States.1 to the Commission, as provided in transmit its determination and For further information concerning section 201.11 of the Commission’s Commissioners’ opinions to the the conduct of this phase of the rules, no later than 21 days prior to the Secretary of Commerce on or before investigations, hearing procedures, and hearing date specified in this notice. A April 15, 2010.) rules of general application, consult the party that filed a notice of appearance 5. Outstanding action jackets: Commission’s Rules of Practice and during the preliminary phase of the (1) Document No. GC–10–028 Procedure, part 201, subparts A through investigations need not file an concerning Inv. No. 337–TA–644 additional notice of appearance during (Certain Composite Wear Components 1 For purposes of these investigations, the this final phase. The Secretary will and Products Containing Same). Department of Commerce has defined the subject maintain a public service list containing merchandise as anhydrous Monopotassium (2) Document No. GC–10–031 Phosphate (MKP), anhydrous Dipotassium the names and addresses of all persons, concerning Inv. No. 337–TA–568 Phosphate (DKP) and Tetrapotassium or their representatives, who are parties (Certain Products and Pharmaceutical Pyrophosphate (TKPP), whether anhydrous or in to the investigations. Compositions Containing Recombinant solution (collectively ‘‘phosphate salts’’). Certain Limited disclosure of business Potassium Phosphate Salts from the People’s Human Erythropoietin). Republic of China: Preliminary Determination of proprietary information (BPI) under an (3) Document No. GC–10–034 Sales at Less Than Fair Value, 75 FR 12508, March administrative protective order (APO) concerning Inv. No. 337–TA–668 16, 2010. and BPI service list.—Pursuant to

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