April 25, 2006
News Release 06-038
Inv. No. 337-TA-566
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN CHEMICAL MECHANICAL PLANARIZATION SLURRIES AND PRECURSORS TO SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain chemical mechanical planarization slurries and precursors to same. The products at issue in this investigation are used in the manufacture of integrated circuit devices for polishing and planarizing the surfaces of various layers.

The investigation is based on a complaint filed by Cabot Microelectronics Corporation of Aurora, IL, on March 28, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain chemical mechanical planarization slurries and precursors to same that infringe patents owned by Cabot Microelectronics. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified Cheil Industries Co. of Seoul, Korea, as the respondent in this investigation.

By instituting this investigation (337-TA-566), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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