Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72537 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1318] 

Certain Graphics Systems, 

Components Thereof, and Digital 

Televisions Containing the Same; 

Notice of Commission Determination 

To Review in Part a Final Initial 

Determination Finding a Violation of 

Section 337; Request for Written 

Submissions on the Issues Under 

Review and on Remedy, the Public 

Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that on 

July 7, 2023, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a combined final initial determination 

(‘‘ID’’) finding a violation of section 337 

and recommended determination 

(‘‘RD’’) on remedy and bonding in the 

above-captioned investigation. The 

Commission has determined to review 

the final ID in part. The Commission 

requests written submissions from the 

parties on the issues under review and 

submissions from the parties, interested 

government agencies, and interested 

persons on the issues of remedy, the 

public interest, and bonding, under the 

schedule set forth below. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Hadorn, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3179. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on June 7, 2022, based on a complaint 

filed by Advanced Micro Devices, Inc. 

of Santa Clara, California and ATI 

Technologies ULC of Ontario, Canada 

(together, ‘‘AMD’’). 87 FR 34718–19 

(June 7, 2022). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 (‘‘section 

337’’), based on certain graphics 

systems, components thereof, and 

digital televisions containing the same 

by reason of infringement of certain 

claims of U.S. Patent Nos. 7,742,053 

(‘‘the ’053 patent’’); 8,760,454 (‘‘the ’454 

patent’’); 11,184,628 (‘‘the 628 patent’’); 

8,468,547 (‘‘the ’547 patent’’); and 

8,854,381 (‘‘the ’381 patent’’). Id. at 

34718. The complaint further alleges 

that a domestic industry (‘‘DI’’) exists. 

Id. The notice of investigation (‘‘NOI’’) 

named 14 respondents: (1) TCL 

Industries Holdings Co., Ltd. of 

Guangdong, China; (2) TCL Industries 

Holdings (H.K.) Co. Limited of Hong 

Kong, China; (3) TCL Electronics 

Holdings Ltd. f/k/a TCL Multimedia 

Technology Holdings, Ltd. of Hong 

Kong, China; (4) TCL Technology Group 

Corporation of Guangdong, China; (5) 

TTE Corporation of Hong Kong, China; 

(6) TCL Holdings (BVI) Ltd. of Hong 

Kong, China; (7) TCL King Electrical 

Appliances (Huizhou) Co. Ltd. of 

Guangdong, China; (8) Shenzhen TCL 

New Technology Co., Ltd. of 

Guangdong, China; (9) TCL MOKA 

International Ltd. of Hong Kong, China; 

(10) TCL Smart Device (Vietnam) Co., 

Ltd. of Binh Duong Province, Vietnam; 

(11) Manufacturas Avanzadas SA de CV 

of Chihuahua, Mexico; (12) TCL 

Electronics Mexico, S de RL de CV of 

Benito Juarez, Mexico; (13) TCL 

Overseas Marketing Ltd. of Hong Kong, 

China (collectively, ‘‘TCL’’); and (14) 

RealTek Semiconductor Corporation of 

Hsinchu, Taiwan (‘‘Realtek’’). Id. at 

34719, as amended, 87 FR 62452–53 

(Oct. 14, 2022). The Office of Unfair 

Import Investigations is not named as a 

party to this investigation. 87 FR at 

34719. 

On August 4, 2022, the Commission 

terminated the investigation as to the 

’454 patent. See Order No. 10 (July 14, 

2022), unreviewed by Comm’n Notice 

(Aug. 4, 2022). 

On September 26, 2022, the 

Commission allowed non-party TTE 

Technology, Inc. of Corona, California to 

intervene in this investigation as an 

additional respondent (collectively, 

with all others, ‘‘Respondents’’). See 

Order No. 17 (Aug. 30, 2022), 

unreviewed by Comm’n Notice (Sept. 

26, 2022). 

On October 7, 2022, the Commission 

terminated the investigation as to claims 

17–21 of the ’547 patent and amended 

the complaint and NOI to correct the 

names of two respondents by changing 

‘‘TCL Industries Holdings (H.K.) 

Limited’’ to ‘‘TCL Industries Holdings 

(H.K.) Co. Limited,’’ and ‘‘Shenzhen 

TCL New Technologies Co., Ltd.’’ to 

‘‘Shenzhen TCL New Technology Co., 

Ltd.’’. See Order Nos. 23 (Sept. 20, 2022) 

and 24 (Sept. 20, 2022), unreviewed by 

87 FR 62452–53 (Oct. 14, 2022). 

On February 22, 2023, the 

Commission terminated the 

investigation as to the ’547 patent. See 

Order No. 56 (Jan. 24, 2023), unreviewed 

by Comm’n Notice (Feb. 22, 2023). On 

March 7, 2023, the Commission 

terminated the investigation as to claims 

1–4 and 7 of the ’053 patent and claims 

8, 11, and 12 of the ’628 patent. See 

Order No. 64 (Feb. 7, 2023), unreviewed 

by Comm’n Notice (Mar. 7, 2023). 

On March 15, 2023, the Commission 

granted summary determination that the 

economic prong of the DI requirement 

has been satisfied in this investigation 

as to the remaining asserted patents— 

i.e., the ’053, ’628, and ’381 patents. See 

Order No. 62 (Feb. 6, 2023), aff’d by 

Comm’n Notice (Mar. 15, 2023). 

On March 30, 2023, the Commission 

terminated the investigation as to claim 

8 of the ’053 patent and claim 18 of the 

’381 patent. See Order No. 70 (Mar. 14, 

2023), unreviewed by Comm’n Notice 

(Mar. 30, 2023). On April 19, 2023, the 

Commission terminated the 

investigation as to the ’628 patent. See 

Order No. 72 (Apr. 3, 2023), unreviewed 

by Comm’n Notice (Apr. 19, 2023). 

On July 7, 2023, the ALJ issued the 

subject final ID on violation and RD on 

remedy and bonding. The ID finds no 

violation of section 337 as to the ’053 

patent, but does find a violation as to 

claims 19 and 20 of the ’381 patent. The 

RD recommends that, should the 

Commission determine that a violation 

of section 337 has occurred, the 

Commission should: (i) issue a limited 

exclusion order against the 

Respondents’ infringing products; (ii) 

issue a cease and desist order against all 

the Respondents, except for Realtek and 

TTE; and (iii) issue no bond for 

importations of infringing products 

during the period of Presidential review. 

On July 21, 2023, AMD filed a 

contingent petition seeking review of 

certain findings in the ID, including 

non-infringement of the asserted claims 

of the ’053 patent and claim 

construction and invalidity as to claims 

15–17 of the ’381 patent. That same day, 

Respondents filed a petition seeking 

review of certain of the ID’s findings 

concerning claim construction, 

infringement, validity, and the technical 

prong of the DI requirement as to claims 

19 and 20 of the ’381 patent. 

Respondents also contingently petition 

for review of certain findings on claim 

construction, infringement, validity, and 

the technical prong of the DI 

requirement as to the asserted claims of 

the ’053 patent and claims 15–17 of the 

’381 patent. On July 31, 2023, AMD and 


ddrumheller on DSK120RN23PROD with NOTICES1
72538 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

Respondents each filed a response 

opposing the other’s petition. 

The Commission did not receive 

submissions on the public interest from 

the parties pursuant to Commission 

Rule 210.50(a)(4), 19 CFR 210.50(a)(4). 

The Commission also did not receive 

any submissions on the public interest 

from members of the public in response 

to the Commission’s Federal Register 

notice. See 88 FR 48262–63 (July 26, 

2023). 

Having reviewed the record of the 

investigation, including the final ID, the 

parties’ submissions to the ALJ, the 

petitions, and the responses thereto, the 

Commission has determined to review 

the ID in part. Specifically, the 

Commission has determined to review 

the ID’s findings regarding the 

construction of limitation 5[c] (‘‘a 

plurality of command processing 

engines, coupled to the arbiter, each 

operable to receive and process the 

command thread’’), as well as 

infringement and satisfaction of the 

technical prong of the DI requirement 

with respect to limitation 5[c] of claim 

5 of the ’053 patent. On review, the 

Commission has determined to take no 

position on those issues. The 

Commission has also determined to 

review the ID’s finding regarding 

infringement of claim 19 of the ’381 

patent. The Commission has determined 

not to review the remaining findings in 

the ID. 

In connection with its review, the 

Commission requests responses to the 

following question. The parties are 

requested to brief their positions with 

reference to the applicable law and the 

existing evidentiary record. 

(1) Whether the accused products practice 

the limitation ‘‘based on respective state data 

associated with each of the first [graphicsprocessing task] and second [generalcompute] tasks’’ as required by claim 19 of 

the ’381 patent under the ID’s construction of 

‘‘based on respective state data.’’ Provide 

citations to record evidence in support of 

your position. 

The parties are invited to brief only the 

discrete issue requested above. The 

parties are not to brief other issues on 

review, which are adequately presented 

in the parties’ existing filings. 

In connection with the final 

disposition of this investigation, the 

statute authorizes issuance of, inter alia, 

(1) an exclusion order that could result 

in the exclusion of the subject articles 

from entry into the United States; and/ 

or (2) cease and desist orders that could 

result in the respondents being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. Accordingly, the 

Commission is interested in receiving 

written submissions that address the 

form of remedy, if any, that should be 

ordered. If a party seeks exclusion of an 

article from entry into the United States 

for purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843, Comm’n Op. at 7–10 

(Dec. 1994). 

The statute requires the Commission 

to consider the effects of that remedy 

upon the public interest. The public 

interest factors the Commission will 

consider include the effect that an 

exclusion order and cease and desist 

orders would have on: (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve, 

disapprove, or take no action on the 

Commission’s determination. See 

Presidential Memorandum of July 21, 

2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issue 

identified in this notice. Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. 

In its initial written submission, AMD 

is also requested to identify the remedy 

sought and to submit proposed remedial 

orders for the Commission’s 

consideration. AMD is further requested 

to state the dates that the asserted 

patents expire, to provide the HTSUS 

subheadings under which the accused 

products are imported, and to supply 

the identification information for all 

known importers of the products at 

issue in this investigation. 

The initial written submissions and 

proposed remedial orders must be filed 

no later than close of business on 

October 30, 2023. Reply submissions 

must be filed no later than the close of 

business on November 6, 2023. No 

further submissions on these issues will 

be permitted unless otherwise ordered 

by the Commission. Opening 

submissions are limited to 40 pages. 

Reply submissions are limited to 25 

pages. No further submissions on any of 

these issues will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (Inv. No. 337– 

TA–1318) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

documents/handbook_on_filing_

procedures.pdf). 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 by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed with the 

Commission and served on any parties 

to the investigation within two business 

days of any confidential filing. All 

information, including confidential 

business information and documents for 

which confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this investigation may be 

disclosed to and used: (i) by the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72539 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

The Commission vote for this 

determination took place on October 16, 

2023. 

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 16, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–23150 Filed 10–19–23; 8:45 am] 

BILLING CODE 7020–02–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: 23–106] 

Information Collection: NASA Earth 

Observing System Data and 

Information System 2023 Customer 

Satisfaction Questionnaire 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of information collection. 

SUMMARY: The National Aeronautics and 

Space Administration, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on proposed and/or 

continuing information collections. 

DATES: Comments are due by November 

20, 2023. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument(s) and instructions should 

be directed to Bill Edwards-Bodmer, 

NASA Clearance Officer, NASA 

Headquarters, 300 E Street SW, JF0000, 

Washington, DC 20546, 757–864–7998, 

or b.edwards-bodmer@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The ESODIS customer satisfaction 

survey is performed each year (2023 is 

the 20th collection) under the auspices 

of NASA HQ as one of their metrics 

reported to OMB as a part of the 

Reduction of Paperwork Act. In this 

survey, the public users of the EOSDIS 

system (through the 12 Distributed 

Active Archive Centers—DAACs) are 

encouraged to answer specific questions 

that aid NASA discern the overall user 

satisfaction of its Earth data system. 

NASA through DOI/FCG contracts the 

management of this survey to a private 

survey entity (CFI) so that the 

respondents are assured the survey and 

its results are collected in a unbiased 

manner. The survey has two portions, a 

general section of questions to 

understand aspects of the data system 

the user has engaged with, and a second 

section that is created by each of the 12 

DAACs so that these centers can address 

specific types of questions for that 

science domain community. 

II. Methods of Collection 

The collection of data from our 

respondents to wholly performed using 

an on-line, internet-based system that is 

developed and hosted by CFI. 

III. Data 

Title: The Annual EOSDIS Customer 

Satisfaction (ACSI) User Survey. 

OMB Number: 2700–xxxx. 

Type of review: New. 

Affected Public: Individuals. 

Estimated Annual Number of 

Activities: 10,000. 

Estimated Number of Respondents 

per Activity: 1. 

Annual Responses: 10,000. 

Estimated Time per Response: 15 

minutes. 

Estimated Total Annual Burden 

Hours: 2,500. 

Estimated Total Annual Cost: 

$118,000. 

IV. Request for Comments 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of NASA, including 

whether the information collected has 

practical utility; (2) the accuracy of 

NASA’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including automated 

collection techniques or the use of other 

forms of information technology. 

Comments submitted in response to 

this notice will be summarized and 

included in the request for OMB 

approval of this information collection. 

They will also become a matter of 

public record. 

William Edwards-Bodmer, 

NASA PRA Clearance Officer. 

[FR Doc. 2023–23241 Filed 10–19–23; 8:45 am] 

BILLING CODE 7510–13–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

The National Science Board’s (NSB) 

NSB–NSF Commission on Merit Review 

hereby gives notice of the scheduling of 

a videoconference meeting for the 

transaction of National Science Board 

business pursuant to the National 

Science Foundation Act and the 

Government in the Sunshine Act. 

TIME AND DATE: Wednesday, October 25, 

2023, from 12 p.m.–1 p.m. EDT. 

PLACE: This meeting will be held by 

videoconference through the National 

Science Foundation. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The agenda 

of the meeting is: Commission Chair’s 

opening remarks; Discussion of the 

evaluation of Merit Review criteria; 

Commission Chair’s closing remarks. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

(Chris Blair, cblair@nsf.gov), 703/292– 

7000. Members of the public can 

observe this meeting through a YouTube 

livestream. The YouTube link will be 

available from the NSB web page. 

Christopher Blair, 

Executive Assistant to the National Science 

Board Office. 

[FR Doc. 2023–23310 Filed 10–18–23; 11:15 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2023–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of October 23, 30, 

November 6, 13, 20, 27, 2023. The 

schedule for Commission meetings is 

subject to change on short notice. The 

NRC Commission Meeting Schedule can 


ddrumheller on DSK120RN23PROD with NOTICES1