[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23381]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-315]
Certain Plastic Encapsulated Integrated Circuits; Enforcement
Proceeding; Decision Not To Review an Initial Determination Granting
Partial Summary Determination
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 not to review an initial determination (ID)
(Order No. 7) issued on August 11, 1994, by the presiding
administrative law judge (ALJ) in the above-captioned enforcement
proceeding.
FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, D.C. 20436, telephone 202-205-3105.
SUPPLEMENTARY INFORMATION: The Commission instituted this formal
enforcement proceeding on January 10, 1994. 59 FR 3123-27 (Jan. 20,
1994). The enforcement proceeding complaint was filed by the
Commission's Office of Unfair Import Investigations (OUII), and alleges
violations of the Commission cease and desist order and modified cease
and desist order issued in the underlying investigation against
respondent Analog Devices, Inc. (Analog). The complaint seeks
appropriate sanctions for these alleged violations. The parties to the
enforcement proceeding are OUII, represented by its investigative
attorneys (IAs); enforcement proceeding respondent Analog; and Texas
Instruments, Inc. (TI), the complainant in the underlying
investigation.
In its response to the complaint, Analog denied that it violated
the terms of the Commission's cease and desist orders. In addition,
Analog alleged several affirmative defenses, including: waiver against
the Commission, equitable estoppel against the Commission, and
Commission action that is arbitrary, capricious, an abuse of
discretion, and contrary to law.
On June 28, 1994, Analog filed a motion for summary determination
seeking termination of the enforcement proceeding on the grounds that
there are no genuine issues of disputed facts. The IAs and TI filed
responses in opposition to Analog's motion for summary determination.
The IAs also filed a cross-motion for partial summary determination
with respect to Analog's affirmative defenses. TI supported, and Analog
opposed, the IAs' cross-motion.
On August 22, 1994 the ALJ issued an order (Order No. 7) denying
Analog's motion for summary determination, and an ID granting the IAs'
cross-motion for partial summary determination regarding Analog's
affirmative defenses. Analog petitioned for review of the ID granting
the IAs' cross-motion, and the IAs and TI filed responses in opposition
to Analog's petition. Analog also requested oral argument on its
petition. The Commission denied that request. See 19 CFR 210.56(a)
(1994).
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and Sec. 210.53 of the
Commission's interim Rules of Practice and Procedure, 19 CFR 210.53
(1994).
Copies of the nonconfidential version of the ID and all other
nonconfidential documents filed in connection with this enforcement
proceeding 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, D.C.
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.
Issued: September 13, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-23381 Filed 9-21-94; 8:45 am]
BILLING CODE 7020-02-P
