[Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
[Notices]
[Page 13706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7235]


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INTERNATIONAL TRADE COMMISSION


Certain EPROM, EEPROM, Flash Memory, and Flash Microcontroller 
Semiconductor Devices and Products Containing Same; Notice of 
Investigation

[Investigation No. 337-TA-395]
AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 18, 1997, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Atmel Corporation, 2325 Orchard Parkway, San Jose, CA 95131. 
A supplemental complaint was filed on March 10, 1997, accompanied by a 
letter dated March 7, 1997. A second supplemental complaint was filed 
on March 13, 1997, accompanied by a letter dated March 12, 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 EPROM, 
EEPROM, flash memory, and flash microcontroller semiconductor devices 
and products containing same by reason of infringement of claim 1 of 
U.S. Letters Patent 4,511,811, claim 1 of U.S. Letters Patent 
4,673,829, claim 1 of U.S. Letters Patent 4,794,565, and claims 1-9 of 
U.S. Letters Patent 4,451,903. 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, except for any confidential information 
contained therein, is 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, S.W., Room 112, 
Washington, D.C. 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: Christine E. Lehman, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.

    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 March 17, 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 EPROM, 
EEPROM, flash memory, or flash microcontroller semiconductor devices or 
products containing same by reason of infringement of claim 1 of U.S. 
Letters Patent 4,511,811, claim 1 of U.S. Letters Patent 4,673,829, 
claim 1 of U.S. Letters Patent 4,794,565, or claims 1-9 of U.S. Letters 
Patent 4,451,903, 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--Atmel Corporation, 2325 Orchard Parkway, 
San Jose, California 95131.
    (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:

Sanyo Electric Co., Ltd., 5-5 Keihan-hondori 2-chome, Osaka, 570, Japan
Winbond Electronics Corporation, Number 2, R&D Road VI, Science-Based 
Industrial Park, Hsinchu, Taiwan
Winbond Electronics North, America Corporation, 2730 Orchard Parkway, 
San Jose, California 95134
Macronix International Co., Ltd., 3F, 4 Creation Road IV, Science-Based 
Industrial Park, Hsinchu, Taiwan
Macronix, Inc., (a.k.a. Macronix America, Inc.), 1338 Ridder Park 
Drive, San Jose, California 95131.

    (c) Christine E. Lehman, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-I, Washington, DC 20436, who 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: March 18, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-7235 Filed 3-20-97; 8:45 am]
BILLING CODE 7020-02-P