Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices 10071

(HTS). High-beryllium alloys in which beryllium

does not predominate are provided for elsewhere in

the HTS; e.g., high-beryllium alloys in which

aluminum predominates are provided for in HTS

subheading 7601.20.90. Although the HTS

subheadings are provided for convenience and

Customs purposes, the written description of the

scope of this investigation is dispositive.

have been found by the Department of

Commerce to be sold in the United

States at less than fair value (LTFV).

Background

The Commission instituted this

investigation effective March 14, 1996,

following receipt of a petition filed with

the Commission and the Department of

Commerce by Brush Wellman,

Cleveland, OH. The final phase of the

investigation was scheduled by the

Commission following notification of a

preliminary determination by the

Department of Commerce that imports

of beryllium metal and high-beryllium

alloys from Kazakstan were being sold

at LTFV within the meaning of section

733(b) of the Act (19 U.S.C. 1673b(b)).

Notice of the scheduling of the

Commission’s investigation and of a

public hearing to be held in connection

therewith was given by posting copies

of the notice in the Office of the

Secretary, U.S. International Trade

Commission, Washington, DC, and by

publishing the notice in the Federal

Register of September 19, 1996 (61 FR

49341). The hearing was held in

Washington, DC, on January 22, 1997,

and all persons who requested the

opportunity were permitted to appear in

person or by counsel.

The Commission transmitted its

determination in this investigation to

the Secretary of Commerce on February

24, 1997. The views of the Commission

are contained in USITC Publication

3019 (February 1997), entitled

‘‘Beryllium Metal and High-Beryllium

Alloys from Kazakstan: Investigation

No. 731–TA–746 (Final).’’

Issued: February 27, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–5413 Filed 3–4–97; 8:45 am]

BILLING CODE 7020–02–P

[Inv. No. 337–TA–381]

Certain Electronic Products, Including

Semiconductor Products,

Manufactured by Certain Processes;

Commission Determination Not To

Review an Initial Determination

Terminating the Investigation on the

Basis of a Settlement Agreement

AGENCY: International Trade

Commission.

ACTION: Notice.

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)

(Order No. 24) in the above-captioned

investigation terminating the

investigation on the basis of a settlement

agreement.

FOR FURTHER INFORMATION CONTACT:

Mark D. Kelly, Esq., Office of the

General Counsel, U.S. International

Trade Commission, telephone 202–205–

3106.

SUPPLEMENTARY INFORMATION: This

patent-based section 337 investigation

was instituted by the Commission on

February 22, 1996, on behalf of Texas

Instruments Incorporated, Dallas, Texas.

61 FR 6863. The complaint alleged

violations of section 337 in the

importation into the United States, the

sale for importation, and the sale within

the United States after importation of

certain electronic products, including

semiconductor products, that are

manufactured, produced, and assembled

using processes that are covered by

claims 1–8 or 9 of U.S. Letters Patent

4,884,674; claims 1–6 or 7 of U.S.

Letters Patent 5,216,613; or claims 1–14

or 15 of U.S. Letters Patent 4,490,209;

and that there existed an industry in the

United States as required by subsection

(a)(2) of section 337. The notice of

investigation named Samsung

Electronics Company, Ltd., Seoul, Korea

and Samsung America, Inc., Ridgefield

Park, New Jersey as respondents.

On December 23, 1996, the parties to

the investigation, pursuant to

Commission rule 210.21(a)(1) and (b)(1),

filed a joint motion to terminate the

investigation as to all issues based upon

a settlement agreement. On January 30,

1997, the presiding ALJ granted the joint

motion and issued an ID (Order No. 24)

terminating the investigation on the

basis of the settlement agreement. The

ALJ found that there is no indication

that termination of the investigation

would have an adverse impact on the

public interest and that termination

based on settlement is generally in the

public interest. No petitions for review

were filed.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, and

Commission rule 210.42, 19 CFR 210.42.

Copies of the public version of the

ALJ’s 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. Hearingimpaired persons are advised that

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

Issued: February 27, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–5411 Filed 3–4–97; 8:45 am]

BILLING CODE 7020–02–P

[Inv. No. 337–TA–385]

Certain Random Access Memories,

Processes for the Manufacture of

Same, and Products Containing Same;

Commission Determination Not To

Review an Initial Determination

Terminating the Investigation on the

Basis of a Settlement Agreement

AGENCY: International Trade

Commission.

ACTION: Notice.

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)

(Order No. 10) in the above-captioned

investigation terminating the

investigation on the basis of a settlement

agreement.

FOR FURTHER INFORMATION CONTACT:

Mark D. Kelly, Esq., Office of the

General Counsel, U.S. International

Trade Commission, telephone 202–205–

3106.

SUPPLEMENTARY INFORMATION: This

patent-based section 337 investigation

was instituted by the Commission on

March 19, 1996, on behalf of Samsung

Electronics Company, Ltd., Seoul,

Korea. 61 FR 11222. The complaint

alleged violations of section 337 based

on the importation into the United

States, the sale for importation, and the

sale within the United States after

importation of certain random access

memories and products containing same

that infringe claims 1–3 of U. S. Letters

Patent 4,947,059, claims 1–7 of U. S.

Letters Patent 5,444,026, and claims 1

and 5 of U. S. Letters Patent 5,072,134.

The complaint also alleged that a

domestic industry existed or was in the

process of being established as required

by subsection (a)(2) of section 337. The

notice of investigation named Texas

Instruments Incorporated of Dallas,

Texas, Texas Instruments Singapore

(PTE), Ltd., and Texas Instruments

Japan, Ltd. as respondents.
10072 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices

On December 23, 1996, the parties to

the investigation, pursuant to

Commission rule 210.21(a)(1) and (b)(1),

filed a joint motion to terminate the

investigation as to all issues based upon

a settlement agreement. On January 30,

1997, the presiding ALJ granted the joint

motion and issued his ID (Order No. 10)

terminating the investigation on the

basis of the settlement agreement. The

ALJ found that there is no indication

that termination of the investigation

would have an adverse impact on the

public interest and that termination

based on settlement is generally in the

public interest. No petitions for review

were filed.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, and

Commission rule 210.42, 19 CFR 210.42.

Copies of the public version of the

ALJ’s 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. Hearingimpaired persons are advised that

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

Issued: February 27, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–5412 Filed 3–4–97; 8:45 am]

BILLING CODE 7021–02–P

[Inv. No. 337-TA–394]

Certain Screen Printing Machines,

Vision Alignment Devices Used

Therein, and Component Parts

Thereof; Investigation

AGENCY: International Trade

Commission.

ACTION: Institution of investigation

pursuant to 19 U.S.C. 1337.

SUMMARY: Notice is hereby given that a

complaint was filed with the U.S.

International Trade Commission on

January 28, 1997, under section 337 of

the Tariff Act of 1930, as amended, 19

U.S.C. 1337, on behalf of MPM

Corporation, 16 Forge Park, Franklin,

Massachusetts 02038. Supplements to

the complaint were filed on February

11, February 13, and February 18, 1997.

The complaint, as supplemented,

alleges violations of section 337 in the

importation into the United States, the

sale for importation, and the sale within

the United States after importation of

certain screen printing machines, vision

alignment devices used therein, and

component parts thereof that infringe

claims 1, 2, 3, 4, 11, 18, and 21 of U.S.

Letters Patent 5,060,063 and claims 1

and 7 of U.S. Letters Patent Re. 34,615.

The complaint further alleges that there

exists an industry in the United States

as required by subsection (a)(2) of

section 337.

The complainant requests that the

Commission institute an investigation

and, after a hearing, issue a permanent

exclusion order and permanent cease

and desist orders.

ADDRESSES: The complaint and

supplements, except for any

confidential information contained

therein, are 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., Room

112, Washington, DC 20436, telephone

202–205–2000. Hearing-impaired

individuals are advised that information

on this matter can be obtained by

contacting the Commission’s TDD

terminal on 202–205–1810.

FOR FURTHER INFORMATION CONTACT:

Steven Glazer, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2577.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in section § 210.10 of the Commission’s rules

of practice and procedure, 19 CFR 210.10

(1996).

SCOPE OF INVESTIGATION: Having

considered the complaint, the U.S.

International Trade Commission, on

February 27, 1997, ordered that

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain screen printing

machines, vision alignment devices

used therein, or component parts

thereof by reason of infringement of

claims 1, 2, 3, 4, 11, 18, or 21 of U.S.

Letters Patent 5,060,063, or claims 1 or

7 of U.S. Letters Patent Re. 34,615, and

whether there exists an industry in the

United States as required by subsection

(a)(2) of section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainant is—

MPM Corporation, 16 Forge Park

Franklin, MA 02038.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

DEK Printing Machines Limited, 11

Albany Road Granby Industrial Estate,

Weymouth, Dorset DT4 9TH, United

Kingdom.

DEK USA Inc., 8 Bartles Corner Road,

Flemington, NJ 08822.

(c) Steven A. Glazer, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street SW., Room 401–K, Washington,

DC 20436, shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Paul J. Luckern is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with section § 210.13 of the

Commission’s rules of practice and

procedure, 19 CFR 210.13. Pursuant to

19 CFR 201.16(d) and 210.13(a) of the

Commission’s rules, such responses will

be considered by the Commission if

received not later than 20 days after the

date of service by the Commission of the

complaint and the notice of

investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: February 27, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–5409 Filed 3–4–97; 8:45 am]

BILLING CODE 7020–02–P