January 17, 2014
News Release 14-007
Inv. No(s). 337-TA-906
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits. The products at issue in this investigation include standard cell libraries; products made using such standard cell libraries, such as wafers and integrated circuits; and products containing such integrated circuits, such as servers, computers, video game systems, televisions, mobile telephones, and tablets.

The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on December 23, 2013. A supplement to the complaint was filed on January 6, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe a patent asserted by Tela. The complainant requests that the USITC issue a general exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

    Taiwan Semiconductor Manufacturing Co., Limited, of Hsinchu, Taiwan; and
    TSMC North America of San Jose, CA.

By instituting this investigation (337-TA-906), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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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January 17, 2014
News Release 14-006
Inv. No(s). 337-TA-905
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Wireless Devices, Including Mobile Phones and Tablets II

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices, including mobile phones and tablets. The products at issue in this investigation are mobile phones and tablets.

The investigation is based on a complaint filed by Pragmatus Mobile, LLC, of Alexandria, VA, on December 18, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless devices, including mobile phones and tablets that infringe patents asserted by Pragmatus. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Nokia Corporation (Nokia Oyj) of Espoo, Finland;
    Nokia, Inc. of Sunnyvale, CA;
    Samsung Electronics Co., Ltd. of Seoul, Republic of Korea;
    Samsung Electronics America, Inc. of Ridgefield Park, NJ;
    Samsung Telecommunications America, L.L.C. of Richardson, TX;
    Sony Corporation of Tokyo, Japan;
    Sony Mobile Communications AB of Lund, Sweden;
    Sony Mobile Communications (USA), Inc. of Atlanta, GA;
    ZTE Corporation of Guangdong, China; and
    ZTE (USA) Inc. of Richardson, TX.

By instituting this investigation (337-TA-905), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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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January 21, 2015
News Release 15-010
Inv. No(s). 337-TA-946
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Ink Cartridges and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink cartridges and components thereof.  The products at issue in the investigations are ink cartridges, and components thereof, designed for use with certain Epson ink jet printers.

The investigation is based on a complaint filed by Epson Portland Inc. of Hillsboro, OR; Epson America, Inc., of Long Beach, CA; and Seiko Epson Corporation of Nagano, Japan, on December 23, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink cartridges and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Zhuhai Nano Digital Technology Co., Ltd., of Zhuhai, Guangdong, China; Nano Business & Technology, Inc., d/b/a Nano Digital, d/b/a Nano Ink Spot, d/b/a Dinsink, of Lake Oswego, OR;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Ink-Tank, of Zhuhai, Guangdong, China;
Huebon Co., Ltd., of Sheung Wan, Hong Kong;
Chancen Co., Ltd., of Sheung Wan, Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of Zhuhai, Guangdong, China;
Shanghai Orink Infotech International Co., Ltd., of Shanghai, China;
Orink Infotech International Co., Ltd., of Causewat Bay, Hong Kong;
Zinyaw LLC d/b/a TonerPirate.com of Houston, TX;
Yotat Group Co., Ltd., of Kowloon, Hong Kong;
Yotat (Zhuhai) Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
Ourway Image Co., Ltd., of Xiangzhou, Zhuhai, China;
Kingway Image Co., Ltd., of Zhuhai, China;
Zhuhai Chinamate Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
InkPro2day, LLC, of Los Angeles, CA;
Dongguan OcBestjet Printer Consumables Co., Ltd., of Dongguan, China;
OcBestjet Printer Consumables (HK) Co., Ltd., of Hong Kong;
Aomya Printer Consumables (Zhuhai) Co., Ltd., of Xiangzhou, Zhuhai, Guangdong, China; and
Zhuhai Richeng Development Co., Ltd., d/b/a Richeng Technology, of Jida, Zhuhai, China.

By instituting this investigation (337-TA-946), the USITC has not yet made any decision on the merits of the case.  The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC 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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January 21, 2015
News Release 15-009
Inv. No(s). 337-TA-945
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof.  At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management. 

The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.

By instituting this investigation (337-TA-945), the USITC has not yet made any decision on the merits of the case.  The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC 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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January 21, 2015
News Release 15-008
Inv. No(s). 337-TA-944
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof.  At issue in the investigations are certain types of network devices, such as switches and routers with particular configuration management, upgrade, recovery, security, and scalability functionalities.

The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.

By instituting this investigation (337-TA-944), the USITC has not yet made any decision on the merits of the case.  The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC 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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January 21, 2015
News Release 15-007
Inv. No(s). 701-TA-511 and 731-TA-1246-1247 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Certain Crystalline Silicon Photovoltaic Products from China and Taiwan Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China and Taiwan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and are subsidized by the government of China.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson,  and Rhonda K. Schmidtlein voted in the affirmative.  Chairman Meredith M. Broadbent voted in the affirmative with respect to modules from China and Taiwan and in the negative with respect to cells from Taiwan (cells from China were not included in the scope of these investigations).  Commissioner F. Scott Kieff did not participate in these investigations.

As a result of the USITC’s affirmative determinations, the U.S. Department of Commerce will issue countervailing duty orders on imports of these products from China and antidumping duty orders on imports of these products from China and Taiwan.

The Commission’s public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final), USITC Publication 4519, January 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after February 20, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

 


 

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Crystalline Silicon Photovoltaic Products from China and Taiwan
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final)

 

Product Description: 

China Scope:

The merchandise covered by this investigation is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China.

Subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are modules, laminates and/or panels assembled in China, consisting of crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one module, laminate and/or panel is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all modules, laminates and/or panels that are integrated into the consumer good.

Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, laminates and/or panels, from China.1

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

 

Taiwan Scope:

The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials.

Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this investigation. However, modules, laminates, and panels produced in Taiwan from cells produced in a third-country are not covered by this investigation.

Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.

Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (“China”). Also excluded from the scope of this investigation are modules, laminates, and panels produced in China from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from China.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

Status of Proceedings:

1.      Type of investigation: Final antidumping and countervailing duty.
2.      Petitioner:  SolarWorld Industries America, Inc., Hillsboro, OR.
3.      Investigation instituted by USITC:  December 31, 2013.
4.      USITC hearing: December 8, 2014.
5.      USITC vote: January 21, 2014.
6.      USITC notification of Department of Commerce: February 5, 2015.

U.S. Industry:

1.      Number of U.S. producers in 2013: Nine.
2.      Location of producers’ plants:  Arizona, California, Delaware, Georgia, Illinois, Minnesota, North Carolina, Oregon, Washington.
3.      Employment of production and related workers in 2013 (modules): 768
4.      U.S. producers’ U.S. shipments in 2013 (modules): $207.0 million
5.      Apparent U.S. consumption in 2013 (modules): $2,077.1 million
6.      Ratio of subject imports to apparent U.S. consumption in 2013 (modules): 82.8

U.S. Imports in 2013:

1.      From the subject countries during 2013 (modules): $1,720.1 million
2.      From other countries during 2013 (modules): $109.5 million
3.      Leading sources during 2013 (modules, alphabetical order): China, Korea, Malaysia, Mexico, Philippines, Singapore, and Taiwan.

 

     1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012).

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January 20, 2015
News Release 15-006
Inv. No(s). 731-TA-1020 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Barium Carbonate From China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on barium carbonate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place. 

All six Commissioners voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on this five-year (sunset) review.

The Commission’s public report Barium Carbonate from China (Inv. No. 731-TA-1020 (Second Review), USITC Publication 4518, February 2015) will contain the views of the Commission and information developed during the review.

The report will be available after February 23, 2015.  After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.                                                                                                                             

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Barium Carbonate from China was instituted on August 1, 2014.

On May 9, 2014, the Commission voted to conduct a full review.  Commissioners David S. Johanson, Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate, but that circumstances warranted a full review.  Commissioners Irving A. Williamson and Dean A. Pinkert concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate, and voted for an expedited review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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August 19, 2013
News Release 13-076
Inv. No(s). 337-TA-890
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Sleep Disordered Breathing Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep disordered breathing systems and components thereof. The products at issue in this investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.

The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc. of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on July 19, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sleep disordered breathing systems and components thereof that infringe patents asserted by ResMed. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    BMC Medical Co., Ltd. of Beijing, China;
    3B Medical, Inc. of Lake Wales, FL; and
    3B Products, L.L.C. of Lake Wales, FL.

By instituting this investigation (337-TA-890), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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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September 4, 2013
News Release 13-083
Inv. No(s). 337-TA-893
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in devices such as laptops, wireless routers, video game consoles, handheld gaming devices, and game cartridges.

The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Macronix International Co, Ltd., of Hsin-chu, Taiwan;
    Macronix America, Inc., of Milpitas, CA;
    Macronix Asia Limited of Kanagawa Pref., Japan;
    Macronix (Hong Kong) Co., Ltd., of Sa Tin, N.T., Hong Kong;
    Acer Inc. of New Taipei City, Taiwan;
    Acer America Corporation of San Jose, CA;
    ASUSTek Computer Inc. of Taipei, Taiwan;
    Asus Computer International of Fremont, CA;
    Belkin International, Inc., of Playa Vista, CA;
    D-Link Corporation of Taipei City, Taiwan;
    D-Link System, Inc., of Fountain Valley, CA;
    Netgear Inc., San Jose, CA;
    Nintendo Co., Ltd., of Kyoto, Japan; and
    Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-893), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.

# # #
September 4, 2013
News Release 13-082
Inv. No(s). 337-TA-892
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Point-to-Point Network Communication Devices and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain point-to-point network communication devices and products containing same. The products at issue in this investigation are smartphone handsets, tablet computers, eReaders, smart TVs, gaming consoles, Blu-ray players, VoIP phones, and set-top boxes that have methods for establishing point-to-point communication links over a network and/or programs or interfaces for establishing the link.

The investigation is based on a complaint filed by Straight Path IP Group Inc. of Glen Allen, VA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain point-to-point network communication devices and products containing same that infringe patents asserted by Straight Path. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    AmTran Logistics, Inc., of Irvine, CA;
    AmTran Technology Co., Ltd., of New Taipei City, Taiwan;
    LG Electronics, Inc., of Seoul, Republic of Korea;
    LG El ectronics U.S.A., Inc., of Englewood Cliffs, NJ;
    LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
    Panasonic Corporation of Osaka, Japan;
    Panasonic Corporation of North America, of Secaucus, NJ;
    Sharp Corporation of Osaka, Japan;
    Sharp Electronics Corporation of Mahwah, NJ;
    Sony Computer Entertainment, Inc., of Tokyo, Japan;
    Sony Computer Entertainment America, Inc., of Tokyo, Japan;
    Sony Computer Entertainment America LLC of Foster City, CA;
    Sony Corporation of Tokyo, Japan;
    Sony Corporation of America of New York, NY;
    Sony Electronics Inc. of San Diego, CA;
    Sony Mobile Communications AB of Lund, Sweden;
    Sony Mobile Communications (USA) Inc. of Research Triangle Park, NC;
    Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA;
    Toshiba Corporation of Tokyo, Japan;
    Toshiba America Inc. of New York, NY;
    Toshiba America Information Systems, Inc., of Irvine, CA; and
    Vizio, Inc. of Irvine, CA.

By instituting this investigation (337-TA-892), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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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