CSMS Message: 93-000627

TO : ALL ABI BROKERS.

FROM : LOUIS ALFANO

SUBJECT : IPR-EXC.ORD.TEL CHIPS-PUBLIC

DATE : 07/02/93

PUBLIC VERSION
JULY 1, 1993

CATEGORY: RES

TO: ALL REGIONAL COMMISSIONERS, ASSISTANT REGIONAL
COMMISSIONERS, DISTRICT DIRECTORS, AREA DIRECTORS,
PORT DIRECTORS, DIRECTOR CUSTOMS INFORMATION
EXCHANGE

FROM: CHIEF, INTELLECTUAL PROPERTY RIGHTS BRANCH

RE: ITC LIMITED EXCLUSION ORDER ON CERTAIN INTEGRATED
CIRCUIT TELECOMMUNICATIONS CHIPS AND PRODUCTS
CONTAINING SAME, INCLUDING DIALING APPARATUS

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT
SPECIALISTS, INSPECTORS AND OTHER INTERESTED
PARTIES

ON JUNE 22, 1993, THE U.S. INTERNATIONAL TRADE COMMISSION
(ITC) ISSUED AN LIMITED EXCLUSION ORDER EXCLUDING FROM ENTRY INTO
THE UNITED STATES, EXCEPT UNDER BOND OR LICENSE FROM THE PATENT
OWNER SGS-THOMSON MICROELECTRONICS (SGS-THOMSON), CERTAIN
INTEGRATED CIRCUIT TELECOMMUNICATIONS CHIPS MANUFACTURED BY
HUALON MICROELECTRONICS CORPORATION OF TAIWAN, AND CERTAIN
TELEPHONES AND TELEPHONE SETS CONTAINING SUCH CHIPS. (CASE # 337-TA-337)

ACTIONS:

1. EXCLUSION OF INTEGRATED CIRCUIT TELECOMMUNICATION CHIPS.

A. EFFECTIVE JUNE 22, 1993, AND FOR THE REMAINING TERM OF THE
PATENT, CERTAIN INTEGRATED CIRCUIT TELECOMMUNICATION CHIPS
COVERED BY CLAIMS 1,2,3 OR 4 OF U.S. LETTERS PATENT
4,446,436 ('436 PATENT) ARE EXCLUDED FROM ENTRY INTO THE
UNITED STATES. THIS EXCLUSION IS EFFECTIVE AGAINST THE
SPECIFIED GOODS MANUFACTURED BY OR ON BEHALF OF HUALON
MICROELECTRONICS CORPORATION OR ANY OF ITS AFFILIATED
COMPANIES, PARENTS, SUBSIDIARIES, LICENSEES OR OTHER
RELATED BUSINESSES, OR THEIR SUCCESSORS OR ASSIGNS, EXCEPT
UNDER LICENSE OF THE PATENT OWNER OR WHERE OTHERWISE
AUTHORIZED BY LAW.

B. THE PROBABLE HTSUS CLASSIFICATION FOR SUCH DEVICES IS IN
HEADING 8542. OTHER HEADINGS MAY, HOWEVER, BE APPLICABLE.

2. EXCLUSION OF INTEGRATED CIRCUIT TELECOMMUNICATION CHIPS
CONTAINED IN TELEPHONES OR TELEPHONE SETS.

A. EFFECTIVE JUNE 22, 1993, AND FOR THE REMAINING TERM OF THE
PATENT, TELEPHONES OR TELEPHONE SETS CONTAINING THE
INTEGRATED TELECOMMUNICATION CHIPS DESCRIBED IN PARAGRAPH
1, ABOVE, AND IMPORTED BY ANY PARTY, ARE EXCLUDED FROM
ENTRY INTO THE UNITED STATES, EXCEPT UNDER LICENSE OF THE
PATENT OWNER OR WHERE OTHERWISE AUTHORIZED BY LAW. THE
ITC INFORMS US THAT SUCH TELEPHONES OR TELEPHONE SETS ARE
CURRENTLY ENTERED UNDER ONE OF THE FOLLOWING HTSUS
NUMBERS:

8517.10.0020
8517.10.0040
8517.10.0070

B. ARTICLES WHICH CONTAIN CHIPS COVERED BY THE ORDER
MAY BE ALLOWED ENTRY IF THEY
CONTAIN ONE OR MORE OF THE FOLLOWING FEATURES: AUTODIAL,
CALL TRANSFER, CONFERENCING, CALL WAITING, OR VISUAL
DISPLAY (SUCH AS LCD DISPLAY). THE ENTRY DOCUMENTATION
WHICH ACCOMPANIES SUCH ARTICLES MUST INCLUDE THE FOLLOWING
CERTIFICATION BEFORE ALLOWING ENTRY:

"THE (MANUFACTURER-IMPORTER) HEREBY IS AWARE OF
EXCLUSION ORDER 337-TA-337 CONCERNING CERTAIN
TELEPHONES AND TELEPHONE SETS CONTAINING INTEGRATED
CIRCUIT TELECOMMUNICATION CHIPS, AND HEREBY ATTESTS
THAT THE CURRENT IMPORTATION CONSISTS OF MERCHANDISE
WHICH IS NOT IN VIOLATION OF THE EXCLUSION ORDER
BECAUSE THE PRODUCTS DESCRIBED HEREIN CONTAIN ONE OR
MORE OF THE FOLLOWING FEATURES: AUTODIAL, CALL
TRANSFER, CONFERENCING, CALL WAITING, OR VISUAL
DISPLAY."

C. ARTICLES UNDER THE HTSUS NUMBERS SET FORTH ABOVE MAY
BE ALLOWED ENTRY IF THEY DO NOT CONTAIN
INTEGRATED CIRCUIT TELECOMMUNICATION CHIPS SUBJECT TO THE
EXCLUSION ORDER. SUCH ARTICLES, NOT CONTAINING THE
DESCRIBED CHIPS, ARE ALLOWED ENTRY IF THE ENTRY DOCUMENTATION
ACCOMPANYING THE ARTICLES CONTAINS THE FOLLOWING
CERTIFICATION:

THE (MANUFACTURER-IMPORTER) IS AWARE OF EXCLUSION ORDER
337-TA-337 CONCERNING CERTAIN TELEPHONES AND TELEPHONE
SETS CONTAINING INTEGRATED TELECOMMUNICATION CHIPS, AND
HEREBY ATTESTS UPON APPROPRIATE INQUIRY AND BELIEF THAT
THE CURRENT IMPORTATION CONSISTS OF MERCHANDISE WHICH
IS NOT IN VIOLATION OF THE EXCLUSION ORDER BECAUSE:

1. ANY INTEGRATED CIRCUIT TELECOMMUNICATION CHIPS
FOUND IN THE PRODUCTS DESCRIBED HEREIN ARE NOT
COVERED BY CLAIMS 1,2,3, OR 4 OF U.S. LETTERS
PATENT 4,446,436; OR
2. THE PRODUCTS ARE COVERED BY A VALID LICENSE
AGREEMENT.

3. ENTRY UNDER SINGLE TRANSACTION BOND

A. ANY MERCHANDISE, EITHER INTEGRATED CIRCUIT
TELECOMMUNICATION CHIPS OR TELEPHONES OR TELEPHONE SETS
CONTAINING SUCH CHIPS EXCLUDED UNDER ITC ORDER 337-TA-337
ARE ENTITLED TO ENTRY UNDER A SINGLE TRANSACTION BOND IN
THE AMOUNT OF $0.08 PER ARTICLE IF IMPORTED ON OR AFTER
JUNE 22, 1993, THROUGH AUGUST 20, 1993, UNLESS THE
PRESIDENT EARLIER NOTIFIES THE COMMISSION THAT HE APPROVES
OR DISAPPROVES THE ORDER. THIS BOND IS IN ADDITION TO THE
REGULAR ENTRY BOND, AND MUST BE A SEPARATE SINGLE ENTRY BOND.

4. ARTICLES ENTERED SINCE JUNE 22, 1993

A. ANY ARTICLES DESCRIBED IN PARAGRAPHS 1 OR 2, ENTERED
(RELEASED) AFTER THE DATE OF THE EXCLUSION ORDER (JUNE 22,
1993) BUT PRIOR TO THE DATE OF THESE INSTRUCTIONS ARE
SUBJECT TO A DEMAND FOR REDELIVERY. IN LIEU OF REDELIVERY,
THE IMPORTER MAY SUBMIT THE APPROPRIATE CERTIFICATION SET
FORTH IN SUBPARAGRAPHS 2.A OR 2.B., OR THE APPROPRIATE
SINGLE ENTRY BOND (SEE PARAGRAPH 3). PLEASE NOTE
THIS BOND IS IN ADDITION TO ANY CONTINUOUS BOND IN EFFECT.

5. IMPORTS BY OR FOR THE UNITED STATES ARE EXCLUDED FROM THE
ORDER, IN ACCORDANCE WITH 19 U.S.C. 1337(L).

6. THE EXPIRATION DATE FOR THE APPLICABLE PATENT IS MAY 1, 2001.

7. CUSTOMS QUESTONS CONCERNING THIS ISSUANCE ARE COVERED IN THE INTERNAL
USE ONLY VERSION OF THIS MESSAGE. IMPORTER BROKER QUESTIONS SHOULD
BE DIRECTED TO THE OFFICE OF THE GENERAL COUNSEL; U.S. INTERNATIONAL
TRADE COMMISSION, 500 E ST., S.W., WASHINGTON, D.C., 20436, PHONE
(202) 252-1096.

JOHN F. ATWOOD
CHIEF, I.P.R. BRANCH, ORR