Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Notices 25869

requested by the user. Further assume

that zero volts or the absence of any

input are included in the universe of

inputs that may be first and second

signals.

(d) Output means for providing

output signals representative of the

information stored means the circuitry

needed to translate internal logic

signal(s) representative of the stored

information into a signal suitable to

drive devices external to the chip,

according to the output drive

specifications of the chip in question.

(14) If the disputed claim terms are

interpreted as assumed in question 13,

do the accused devices of respondents

and intervenor infringe this claim? Each

respondent and intervenor is requested

to answer this part of the question with

regard to its own accused devices.

(15) If the disputed claim terms are

interpreted as set forth in question 13,

is claim 1 of the ‘903 patent valid in

view of the prior art of record?

(16) If the disputed claim terms are

interpreted as set forth in question 13,

do the Atmel AT27, AT29, and AT49

parts practice the ‘903 patent?

In connection with the final

disposition of this investigation, the

Commission may issue (1) an 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

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 that either are

adversely affecting it or are likely to do

so. For background information, see the

Commission Opinion, In the Matter of

Certain Devices for Connecting

Computers via Telephone Lines, Inv.

No. 337–TA–360.

If the Commission contemplates some

form of remedy, it must consider the

effects of that remedy upon the public

interest. The factors the Commission

will consider include the effect that an

exclusion order and/or 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 President has 60 days to

approve or disapprove the

Commission’s action. During this

period, the subject articles would be

entitled to enter the United States under

a bond, in an amount to be 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.

Written Submissions

The parties to the investigation are

requested to file written submissions on

the issues under review. The

submissions should be concise and

thoroughly referenced to the record in

this investigation, including references

to exhibits and testimony. Additionally,

the parties to the investigation,

interested government agencies, and any

other interested persons are encouraged

to file written submissions on the issues

of remedy, the public interest, and

bonding. Such submissions should

address the March 19, 1998

recommended determination of the ALJ.

Complainant and the Commission

investigative attorney are also requested

to submit proposed remedial orders for

the Commission’s consideration. The

written submissions and proposed

remedial orders must be filed no later

than the close of business on May 20,

1998. Reply submissions must be filed

no later than May 28, 1998. No further

submissions will be permitted unless

otherwise ordered by the Commission.

Persons filing written submissions

must file with the Office of the Secretary

the original and 14 true copies thereof

on or before the deadlines stated above.

Any person desiring to submit a

document (or portion thereof) to the

Commission in confidence must request

confidential treatment unless the

information has already been granted

such treatment during the proceedings.

All such requests should be directed to

the Secretary of 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 is granted by the Commission

will be treated accordingly. All

nonconfidential written submissions

will be available for public inspection at

the Office of the Secretary.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930 (19 U.S.C. 1337) and § 210.42–

.45 of the Commission’s Rules of

Practice and Procedure (19 CFR 210.42–

.45).

Copies of the public version of the 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, S.W., Washington, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205-1810. General information

concerning the Commission may also be

obtained by accessing its Internet server

(http://www.usitc.gov).

Issued: May 6, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12587 Filed 5–8–98; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–408]

In the Matter of Certain Recombinantly

Produced Hepatitis B Vaccines and

Products Containing Same; Notice of

Investigation

AGENCY: U.S. 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

April 3, 1998, under section 337 of the

Tariff Act of 1930, as amended, 19

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

Corporation, 4560 Horton Street

Emeryville, California 94608. A

supplementary letter and an amended

complaint were filed on April 20, 1998.

A second supplement was filed on April

27, 1998. The complaint, as amended

and 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

recombinantly produced Hepatitis B

vaccines, and products containing same,

made by processes that infringe claims

4, 5, 7, and 8 of U.S. Letters Patent Re.

35,749. The complaint further alleges

that there exists an industry in the

United States as required by subsection

(a)(2) of section 337.
25870 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Notices

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

herein, 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, 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. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its internet server (http://

www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Jay H. Reiziss, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2579.

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

(1997).

Scope of Investigation

Having considered the complaint, the

U.S. International Trade Commission,

on May 5, 1998, 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 recombinantly

produced Hepatitis B vaccines, or

products containing same, made by a

process that infringes claims 4, 5, 7, or

8 of U.S. Letters Patent Re. 35,749, 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—Chiron

Corporation, 4560 Horton Street,

Emeryville, CA 94608–2917.

(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:

SmithKline Beecham Biologicals, S.A.,

Rue de l’Institut, 69, 1330 Rixensart,

R.C. Nivelles 65945, Belgium,

SmithKline Beecham Corporation, One

Franklin Plaza, Philadelphia, PA 19102.

(c) Jay H. Reiziss, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, SW., Room 401–L, 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.

(4) Pursuant to section 210.50(b)(1) of

the Commission’s Rules of Practice and

Procedure, 19 CFR 210.50(b)(1), the

Commission delegates to the presiding

administrative law judge the authority

to compel discovery, take evidence, and

hear augment with respect to the public

interest, as appropriate, and directs the

administrative law judge to include

findings of fact and conclusions of law

on public interest issues in any

recommended determination filed with

the Commission under section

210.42(a)(1)(ii), 19 CFR 210.42()(1)(ii).

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with § 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), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefore 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 direct4ed against such

respondent.

Issued: May 5, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12423 Filed 5–8–98; 8:45 am]

BILLING CODE 7020–02–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS 1926–98]

Fiscal Year 1998 Numerical Limitation

Reached for H–1B Nonimmigrants

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The Immigration Act of 1990

(IMMACT), provided that beginning

with fiscal year 1992, the total number

of aliens who may be issued visas under

the H–1B category during any fiscal year

could not exceed 65,000. Based on all

available data, the 65,000 limit has been

reached for fiscal year 1998. This notice

describes the procedures the Service

will use for processing H–1B petitions

for new or initial employment in the

remainder of fiscal year 1998.

DATES: This notice is effective May 11,

1998.

FOR FURTHER INFORMATION CONTACT: John

W. Brown, Adjudications Officer,

Adjudications Division, Immigration

and Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–3240.

SUPPLEMENTARY INFORMATION:

Background

Section 205 of the Immigration Act of

1990 (IMMACT), Public Law 101–649,

dated November 29, 1990, imposed a

65,000 numerical limitation beginning

in fiscal year 1992 on the number of

aliens who could be accorded H–1B

nonimmigrant status in a fiscal year.

The regulation at 8 CFR

214.2(h)(8)(ii)(E) provides that ‘‘If the

total numbers available in a fiscal year

are used, new petitions and the

accompanying fee shall be rejected and

returned with a notice that numbers are

unavailable for the particular

nonimmigrant classification until the

beginning of the next fiscal year.’’

Which H–1B Petitions Will Be Affected

by This Notice?

H–1B petitions filed for new or initial

employment for the remainder of fiscal

year 1998 will be affected by this notice

as well as petitions pending with the

Service on the date of this notice.