2013-31523. Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Non-Volatile Memory Chips and Products Containing Same, DN 2996; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT:

Lisa R. Barton, Acting Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone [phone]. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,^[1] and 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 [phone].

General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.^[2] The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.^[3] Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on [phone].

SUPPLEMENTARY INFORMATION:

The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed behalf of Macronix International Co., Ltd. and Macronix America, Inc. on December 27, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain non-volatile memory chips and products containing same. The complaint name as respondents Spansion Inc., Sunnyvale, CA, Spansion LLC, Sunnyvale, CA, Spansion (Thailand) Ltd., Thailand, Beats Electronics LLC, Santa Monica, CA, Delphi Automotive PLC, United Kingdom, Delphi Automotive Systems, LLC, Troy, MI, Harman International Industries, Inc., Stamford, CT, Harman Becker Automotive Systems, Inc., Farmington Hills, MI, Harman Becker Automotive Systems GmbH, Germany, Ruckus Wireless, Inc., Sunnyvale, CA, and Tellabs, Inc., Naperville, IL. The complainant requests that the Commission issue a permanent general exclusion order and a permanent cease and desist order.

Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

In particular, the Commission is interested in comments that:

(i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

(ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

(iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

(v) explain how the requested remedial orders would impact United States consumers.

Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 2996”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures ^[4] ). Persons with questions regarding filing should contact the Secretary (202-205-2000).

Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.^[5]

This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

By order of the Commission.

Issued: December 30, 2013.

William R. Bishop,

Supervisory Hearings and Information Officer.

Footnotes

1.  Electronic Document Information System (EDIS): http://edis.usitc.gov.

2.  United States International Trade Commission (USITC): http://edis.usitc.gov.

3.  Electronic Document Information System (EDIS): http://edis.usitc.gov.

4.  Handbook for Electronic Filing Procedures: http://www.usitc.gov/​secretary/​fed_​reg_​notices/​rules/​handbook_​on_​electronic_​filing.pdf.

5.  Electronic Document Information System (EDIS): http://edis.usitc.gov.