`WASHINGTON, D.C.
`
`In The Matter Of
`
`CERTAIN SILICON MICROPHONE
`PACKAGES ANDPRODUCTS
`CONTAINING SAME
`
`.
`1"“ N°' 337‘TA'825
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`ORDER NO. 19: INITIAL DETERMINATION EXTENDING TARGET DATE
`BY EIGHT WEEKS
`
`(January 7, 2013)
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`Commission rules permit the extension of the target date for good cause. See 19 C.F.R.
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`§ 2l0.51(a) (“After the target date has been set, it can be modified by the administrative law judge for
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`good cause shown before the investigation is certified to the Commission...”). “Any extension of the
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`target date beyond 16 months, before the investigation is certified to the Commission, shall be by
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`initial determination.” Id. There is Commission precedent for extending the target date. See, e.g.,
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`“Notice Of Commission Determination Not To Review An Initial Determination Extending The
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`Target For Completion Of The Investigation,” Inv. No. 337-TA-414 (September 17, 1999); “Notice
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`Of A Decision Not To Review An Initial Determination Extending The Target Date For Completion
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`Of The Investigation,” Inv. No. 337-TA-452 (October 9, 2001); “Notice Of Commission
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`Determination Not To Review An Initial Detennination Extending The Target Date For Completion
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`Of The Investigation,” Inv. No. 337-TA-457 (January 8, 2002).
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`On March 5, 2012, I issued Order No. 3 setting the target date in this investigation to May 13,
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`2013, making the Initial Detennination in this investigation due no later than January 11, 2013.
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`Since conducting the evidentiary hearing in 337-TA-825 at the beginning of October 2012, I
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`issued a 465 page Initial Detennination in investigation 337-TA-796 on October 24, 2012; conducted
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`a hearing in 337-TA-830 from October 26, 2012 through November 2, 2012; conducted a pre-hearing
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`conference in 337-TA-838 on December 7, 2012; and issued an Initial Determination on Remand in
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`
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`investigation 337-TA-745 on December 18, 2012. Additionally, substantial time was spent drafting
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`the Initial Determinations in investigations 337-TA-785 and 337-TA-808, although ultimately both
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`investigations were tenninated due to settlement_ Further, I have an Initial Determination in
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`investigation 337-TA-823 due to issue on January 10, 2012, one day before the Initial Determination
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`is currently due in this investigation.
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`Accordingly, good cause exists to extend the target date in this investigation. I have chosen to
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`extend the target date by eight weeks to provide the requisite time needed to finish drafting, editing,
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`reviewing and finalizing the initial determination in this investigation while meeting the deadlines in
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`my other investigations, notably a Markman Order that is scheduled to issue in investigation 337-TA
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`847 by February 21, 2013.
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`Accordingly, pursuant to Commission Rules 2l0.42(a)(l)(i) and 210.5 1(a) and for good
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`cause, I am extending the target date in this investigation by eight weeks from May 13, 2013, to July
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`08, 2013. Pursuant to the new target date, the final initial determination on violation will be due no
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`later than the close of business on March 8, 2013.
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`Pursuant to 19 C.F.R. § 210.42(h), this initial determination shall become the determination of
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`the Commission unless a party files a petition for review of the initial determination pursuant to 19
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`C.F.R. § 2l0.43(a) or the Commission, pursuant to 19 C.F.R. § 210.44, orders on its own motion a
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`SO ORDERED.
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`review of the initial determination or certain issues herein.$ ma.
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`/4’{q
`Thomas B. Pender
`Administrative Law Judge
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`2
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`
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`IN THE MATTER OF CERTAIN SILICON MICROPHONE
`PACKAGES AND PRODUCTS CONTAINING SAME
`
`337-TA-825
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R_Barton, hereby certify that the attached ORDER NO. 19: INITIAL
`DETERMINATION has been servedupon, The Office of Unfair Import Investigations and
`the following parties via first class mail and air mail where necess
`on
`JAN- 8 2013
`
`Lisa R. Barton, Acting Secretary
`U.S. International Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT KNOWLES ELECTRONICS LLC.:
`
`David A.Garr, Esq.
`COVINGTON & BURLING LLP
`1201 Pennsylvania Avenue, N.W.
`Washington, DC 20004
`
`)Via Hand Delivery
`(
`(\)Via OvernightMail
`(
`)Via First Class Mail
`(
`)Other:
`
`FOR RESPONDENTS ANALOG DEVICES, INC., AMKOR TECHNOLOGY, INC. &
`AVNET INC.
`
`Steven Bauer, Esq.
`PROSKAUERROSE LLP
`One International Place
`Boston, MA 02110
`
`)Via Hand Delivery
`(
`Iflyia OvernightMail
`(
`)Via First Class Mail
`(
`)Other:
`
`PUBLIC MAILING LIST
`
`Heather Hall
`LEXIS - NEXIS
`9443 Spiingboro Pike
`Miamisburg, OH 45342
`
`Kenneth Clair
`THOMSON WEST
`1100 —13"‘Street NW
`Suite 200
`Washington, DC 20005
`
`(
`
`)Via Hand Delivery
`)Via Overnight Mail
`(k)tVia First Class Mail
`(
`)Other:
`
`)Via Hand Delivery
`(
`)Via Overnight Mail
`(
`('\}Via First Class M ail
`(
`)Other: