3024 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

complaint filed on behalf of Netlist, Inc. 

of Irvine, California. 81 FR 69853–54. 

The complaint, as supplemented, 

alleged violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, by reason of infringement 

of certain claims of the following U.S. 

Patent Nos.: 8,756,364 (‘‘the ’364 

patent’’); 8,689,064; 8,516,185; 

8,001,434 (‘‘the ’434 patent’’); 8,359,501 

(‘‘the ’501 patent’’); and 8,489,837. The 

Commission’s notice of investigation 

named SK Hynix Inc. of Gyeoonggi-do, 

Republic of Korea; and SK Hynix 

America Inc. and SK Hynix Memory 

Solutions Inc., both of San Jose, 

California, as respondents. The Office of 

Unfair Import Investigations (‘‘OUII’’) is 

also a party to the investigation. Id. 

On May 31, 2017, the Commission 

issued notice of its determination not to 

review the ALJ’s ID (Order No. 21) 

terminating the investigation as to the 

’364 patent based on partial withdrawal 

of the complaint. 

On November 14, 2017, the ALJ 

issued his final ID and recommended 

determination (RD) on remedy and 

bonding in one document. The ID finds, 

inter alia, that none of respondents’ 

accused products infringe any of the 

remaining asserted patents. The ID also 

finds that claims 1–3 and 5–7 of the ’434 

patent and claim 1 of the ’501 patent are 

not invalid as anticipated in view of 

U.S. Patent Publication No. 2005/ 

0257109 A1 (‘‘Averbuj’’). 

On November 27, 2017, complainant 

and respondents petitioned for review 

of the final ID. On December 5, 2017, 

complainant, respondents, and OUII 

each filed a response in opposition to 

the opposing petition for review. On 

December 5, 2017, the Chairman granted 

respondents’ motion for leave to refile 

its petition for review out of time. 

Having examined the record of this 

investigation, including the ID, the 

parties’ petitions for review, and the 

responses thereto, the Commission has 

determined to review-in-part the final 

ID. Specifically, the Commission has 

determined to review the ID’s finding 

that claims 1–3 and 5–7 of the ’434 

patent and claim 1 of the ’501 patent are 

not anticipated by Averbuj. The 

Commission has determined not to 

review the remainder of the final ID. 

On review, the Commission 

determines to take no position on the 

ID’s finding that claims 1–3 and 5–7 of 

the ’434 patent and claim 1 of the ’501 

patent are not invalid as anticipated in 

view of Averbuj. See Beloit Corp. v. 

Valmet Oy, 742 F.2d 1421 (Fed. Cir. 

1984). The Commission therefore 

affirms the ID’s finding of no violation 

of section 337 and terminates the 

investigation. 

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: January 16, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–591 and 731– 

TA–1399 (Preliminary)] 

Common Alloy Aluminum Sheet From 

China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of common alloy aluminum sheet from 

China, provided for in subheadings 

7606.11.30, 7606.11.60, 7606.12.30, 

7606.12.60, 7606.91.30, 7606.91.60, 

7606.92.30, and 7606.92.60 of the 

Harmonized Tariff Schedule of the 

United States, that are alleged to be sold 

in the United States at less than fair 

value (‘‘LTFV’’) and to be subsidized by 

the government of China. 

Commencement of Final Phase 

Investigations 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in section 207.21 of the 

Commission’s rules, upon notice from 

the U.S. Department of Commerce 

(‘‘Commerce’’) of affirmative 

preliminary determinations in the 

investigations under sections 703(b) or 

733(b) of the Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under sections 705(a) or 735(a) of the 

Act. Parties that filed entries of 

appearance in the preliminary phase of 

the investigations need not enter a 

separate appearance for the final phase 

of the investigations. Industrial users, 

and, if the merchandise under 

investigation is sold at the retail level, 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

These investigations were instituted, 

pursuant to sections 703(a) and 733(a) of 

the Tariff Act of 1930 (19 U.S.C. 

1671b(a) and 1673b(a)), in response to a 

notification of investigations selfinitiated by the U.S. Department of 

Commerce deemed by the Commission 

as having been filed on December 1, 

2017. 

Notice of the institution of the 

Commission’s investigations and of a 

public conference 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 December 8, 2017 

(82 FR 58025). The conference was held 

in Washington, DC, on December 21, 

2017, and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission made these 

determinations pursuant to sections 

703(a) and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on January 16, 2018. The 

views of the Commission are contained 

in USITC Publication 4757 (January 

2018), entitled Common Alloy 

Aluminum Sheet from China: 

Investigation Nos. 701–TA–591 and 

731–TA–1399 (Preliminary). 

By order of the Commission. 

Issued: January 17, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–01034 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 


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