[Federal Register: July 19, 2001 (Volume 66, Number 139)]
[Notices]
[Page 37705-37706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy01-104]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-444]
Certain Semiconductor Light Emitting Devices, Components Thereof,
and Products Containing Same; Notice of a Commission Determination Not
To Review an Initial Determination Terminating the Investigation Based
on Withdrawal of the Complaint
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ's'') initial determination (``ID'') granting a
motion to terminate the above-captioned investigation based on
withdrawal of the complaint.
FOR FURTHER INFORMATION: Timothy P. Monaghan, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone (202)
205-3152.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on January 9, 2001, based on a complaint by Rohm Co. Ltd. (``Rohm'')
alleging that respondents Nichia Corporation and Nichia American
Corporation (``Nichia'') violated section 337 of the Tariff Act of 1930
by importing, selling for importation, or selling within the United
States after importation certain semiconductor light emitting devices,
components thereof, and products containing same that infringe certain
claims of U.S. Letters Patent Nos. 6,084,899 and 6,115,399.
On April 27, 2001, complainant Rohm filed a motion pursuant to rule
210.21(a) to terminate the investigation on the basis of withdrawal of
the complaint. On May 9, 2001, the Nichia respondents
[[Page 37706]]
filed a response to Rohm's motion to terminate the investigation.
Nichia did not oppose the motion to terminate, but requested that the
ALJ terminate the investigation ``with prejudice'' in view of a
Nichia's motion for sanctions against Rohm for abuse of Commission
process. The Commission investigative attorney supported Rohm's motion
to terminate the investigation.
On June 27, 2001, the presiding ALJ issued an ID granting Rohm's
motion to terminate the investigation, but denying Nichia's request to
terminate the investigation ``with prejudice.''
None of the parties filed a petition to review the subject ID. The
Commission subsequently determined not to review the subject ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule
210.42, 19 CFR 210.42. Copies of the subject ID and all other
nonconfidential 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. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http:/www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
Issued: July 16, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-18100 Filed 7-18-01; 8:45 am]
BILLING CODE 7020-02-P