90 FR 57 pgs. 13779-13781 - Certain Foreign-Fabricated Semiconductor Devices, Products Containing the Same, and Components Thereof; Notice of Institution of Investigation
Type: NOTICEVolume: 90Number: 57Pages: 13779 - 13781
Pages: 13779, 13780, 13781Docket number: [Investigation No. 337-TA-1443]
FR document: [FR Doc. 2025-05114 Filed 3-25-25; 8:45 am]
Agency: International Trade Commission
Official PDF Version: PDF Version
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1443]
Certain Foreign-Fabricated Semiconductor Devices, Products Containing the Same, and Components Thereof; Notice of Institution of Investigation
AGENCY:
U.S. International Trade Commission.
ACTION:
Notice.
SUMMARY:
[top] Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 18, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Longitude Licensing Ltd. of Ireland and Marlin Semiconductor Limited of Ireland. The complaint was supplemented on February 21, 2025, and March 10, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foreign-fabricated semiconductor devices, products containing the same, and components thereof by reason of the
The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
ADDRESSES:
The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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 at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 20, 2025, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1-5 and 7-11 of the '847 patent; claims 1-10 of the '473 patent; claims 1-3, 6, and 7 of the '747 patent; claims 1, 3-9, 11-15, and 17-20 of the '292 patent; and claims 1-12 of the '880 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is "(a) non-x86 semiconductor devices, consisting of semiconductor wafers or semiconductor dies, manufactured using TSMC's 7 nm and smaller process nodes outside of the United States; (b) products containing the same consisting of: (i) standalone integrated circuits and circuit boards containing such semiconductor devices, and (ii) systems containing such semiconductor devices, consisting of smartphones, tablets, personal computers, smartwatches, and network units; and (c) components thereof consisting of: (i) components of such semiconductor devices (partial wafers), and (ii) components of such products (integrated circuit packaging and system subassemblies)." The phrase "non-x86 semiconductor devices" refers to semiconductor devices, other than those which are made by or for Intel Corporation or Advanced Micro Devices, Inc., and their subsidiaries.
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1);
(4) 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 complainants are:
Longitude Licensing Ltd., Blanchardstown Corporate Park 2, Plaza 255, Suite 2A, Dublin D15 YH6H, Ireland
Marlin Semiconductor Limited, Blanchardstown Corporate Park 2, Plaza 255, Suite 2A, Dublin D15 YH6H, Ireland
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Taiwan Semiconductor Manufacturing, Company Limited, 8, Li-Hsin Rd. 6, Hsinchu Science Park, Hsinchu 300-096, Taiwan, R.O.C.
Apple Inc., 1 Apple Park Way, Cupertino, CA 95014
Broadcom Inc., 3421 Hillview Ave, Palo Alto, CA 94304
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 King's Road, Quarry Bay, Hong Kong S.A.R. of China
Motorola (Wuhan) Mobility Technologies, Communication Company Limited, No. 19, Gaoxin 4th Road, Donghu New Technology Development Zone, Wuhan, Hubei, China 430205
Motorola Mobile Communication, Technology Ltd., Room 203A, Area A, No. 178 Xinfeng Road, Huizhi Space, Torch High-tech Zone, Xiamen, Fujian, China 361006
OnePlus Technology (Shenzhen) Co., Ltd., 18th Floor, Block C, Tairan Building, Tairan 8th Road, Shenzhen, Guangdong, China 518040
Qualcomm Inc., 5775 Morehouse Drive, San Diego, CA 92121
(c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate 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(e) and 210.13(a) 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 and the notice of investigation 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 an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
By order of the Commission.
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Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-05114 Filed 3-25-25; 8:45 am]
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