Certain Chemical Mechanical Planarization Slurries and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and the Notice of Investigation
| Published date | 18 February 2021 |
| Citation | 86 FR 10132 |
| Record Number | 2021-03279 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 86 Issue 31 (Thursday, February 18, 2021)
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10132-10133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03279]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1204]
Certain Chemical Mechanical Planarization Slurries and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Granting Complainant's Motion To Amend the Complaint and
the Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 13) of the presiding administrative law judge
(``ALJ'') granting the complainant's motion to amend the complaint and
the notice of investigation to change the name of a respondent.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On July 7, 2020, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by Cabot Microelectronics Corporation of Aurora, Illinois. 85 FR 40685-
86 (Jul. 7, 2020). The complaint alleges a violation 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 chemical
mechanical planarization slurries and components thereof by reason of
infringement of one or more claims of U.S. Patent No. 9,499,721 (``the
'721 patent''). The complaint also alleges the existence of a domestic
industry. The notice of investigation names as respondents DuPont de
Nemours, Inc. of Wilmington, Delaware; Rohm and Haas Electronic
Materials CMP Inc. of Newark, Delaware; Rohm and Haas Electronic
Materials CMP Asia Inc. (d/b/a Rohm and Haas Electronic Materials CMP
Asia Inc., Taiwan Branch (U.S.A.)) of Taoyuan City, Taiwan; Rohm and
Haas Electronic Materials Asia-Pacific Co., Ltd. of Miaoli, Taiwan;
Rohm and Haas Electronic Materials K.K. of Tokyo, Japan; and Rohm and
Haas Electronic Materials LLC of Marlborough, Massachusetts. Id. at
40686. The Commission's Office of Unfair Import Investigations is also
named as a party in this investigation. Id. Subsequently, the
Commission amended the complaint and the notice of investigation, thus
permitting complainant to assert infringement of additional claims of
the '721 patent. Order No. 7 (Oct. 1, 2020), unreviewed by Notice (Oct.
19, 2020). See 85 FR 67371-72 (Oct. 22, 2020). The Commission also
amended the complaint and the notice of investigation to change the
name of complainant from Cabot Microelectronics Corporation to CMC
Materials, Inc. (``CMC''). Order No. 8 (Nov. 10, 2020), unreviewed by
Notice (Nov. 24, 2020). See 85 FR 77238 (Dec. 1, 2020).
On January 14, 2021, complainant CMC filed an unopposed motion for
leave to amend the complaint and the notice of investigation to reflect
the conversion of Rohm and Haas Electronic Materials, Inc. to Rohm and
Haas Electronic Materials CMP, LLC. No response was filed.
On January 26, 2021, the ALJ issued the subject ID (Order No. 13)
pursuant to Commission Rule 210.14(b)(1), 19 CFR 210.14(b)(1), granting
complainant's motion. The ID finds good cause for the amendment as
``reflecting the legal entity status of all Respondent entities will
provide clarity to this investigation.'' ID at 1-2. The ID further
finds that the amendment would not prejudice the public interest or the
rights of the parties to the investigation. Id. No party petitioned for
review of the ID.
The Commission has determined not to review the subject ID. Named
respondent Rohm and Haas Electronic
[[Page 10133]]
Materials, Inc. has been changed to Rohm and Haas Electronic Materials
CMP, LLC.
The Commission vote for this determination took place on February
11, 2021.
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: February 12, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-03279 Filed 2-17-21; 8:45 am]
BILLING CODE 7020-02-P
