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Section 337 Semiconductor Investigation - GlobalFoundries v. Tower Semiconductor Entities

Favicon for www.regulations.gov Regs.gov: International Trade Commission
Published March 31st, 2026
Detected March 31st, 2026
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Summary

The U.S. International Trade Commission has received a Section 337 complaint filed by GlobalFoundries U.S. Inc. against Tower Semiconductor Ltd. (Israel), Tower Partners Semiconductor Co., Ltd. (Japan), Tower Semiconductor Italy S.R.L., and four U.S. subsidiaries, alleging violations of 19 U.S.C. 1337 regarding imported semiconductor devices. The Commission is soliciting public comments on public interest factors before determining whether to issue limited exclusion orders and cease and desist orders.

What changed

GlobalFoundries U.S. Inc. filed a Section 337 complaint on March 26, 2026, alleging that Tower Semiconductor entities in Israel, Japan, Italy, and the United States imported and sold semiconductor devices and components that violate U.S. trade law. The complaint requests limited exclusion orders to block infringing products from entering the United States, cease and desist orders prohibiting domestic sales, and imposition of bonds during the 60-day Presidential review period under 19 U.S.C. 1337(j). The Commission has docketed this as DN 3896.

Companies importing, distributing, or using semiconductor products should monitor this investigation and evaluate whether their supply chains include Tower Semiconductor products. Interested parties including manufacturers, healthcare providers, and other semiconductor end-users may file public comments addressing public health impacts, availability of domestic substitutes, and supply chain replacement capacity. Respondents and proposed respondents have 30 days from publication to submit comments responsive to the five identified public interest factors.

What to do next

  1. Identify whether your supply chain includes Tower Semiconductor products subject to the complaint
  2. Prepare and submit public interest comments to USITC if your business uses or distributes affected semiconductor devices or products containing them
  3. Monitor subsequent USITC orders as the investigation progresses

Penalties

Potential limited exclusion orders blocking importation of infringing articles; cease and desist orders prohibiting domestic sales; bond requirements during Presidential review period

Source document (simplified)

Content

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Semiconductor Devices, Products Containing Same, and Components Thereof, DN 3896; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant
to the Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT:

Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone
(202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov.

General information concerning the Commission may also be obtained by accessing its internet server at United States International
Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.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:

The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and
Procedure filed on behalf of GlobalFoundries U.S. Inc. on March 26, 2026. The complaint alleges violations of section 337
of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale
within the United States after importation of certain semiconductor devices, products containing same, and components thereof.
The complaint names as respondents: Tower Semiconductor Ltd. of Israel; Tower Partners Semiconductor Co., Ltd. of Japan; Tower
Semiconductor Italy S.R.L. (Italy) of Italy; Tower US Holdings, Inc. of Newport Beach, CA; Tower Semiconductor San Antonio,
Inc. of San Antonio, TX; Tower NPB Holdings, Inc. of San Jose, CA; Tower Semiconductor Newport Beach, Inc. of Newport Beach,
CA; and Newport Fab LLC of Newport Beach, CA. The complainant requests that the Commission issue a limited exclusion order,
cease and desist orders, and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review
period pursuant to 19 U.S.C. 1337(j).

Proposed respondents, other interested parties, members of the public, and interested government agencies are invited to file
comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance
of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in
the United States, competitive conditions in the United States economy, the production of like or directly competitive articles
in the United States, or United States consumers.

In particular, the Commission is interested in comments that:

(i) explain how the articles potentially subject to the requested remedial orders are used in the United States;

(ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United
States which could replace the subject articles if they were to be excluded;

(iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the
volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially
reasonable time; and

(v) explain how the requested remedial orders would impact United States consumers.

Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the
date of publication of this notice in the
Federal Register
. There will be further opportunities for comment on the public interest after the issuance of any final initial determination
in this investigation. Any written submissions on other issues must also be filed by no later than the close of business,
eight calendar days after publication of this notice in the
Federal Register
. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial
submissions were due, notwithstanding § 201.14(a) of the Commission's Rules of Practice and Procedure. No other submissions
will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited
to five (5) pages in length, inclusive of attachments.

Persons filing written submissions must file the original document electronically on or before the deadlines stated above.
Submissions should refer to the docket number (“Docket No. 3896”) in a prominent place on the cover page and/or the first
page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures (1)). Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the
Commission's Electronic Document Information System (EDIS, https://edis.usitc.gov.) No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons
with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov.

Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission
should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly.
All information, including confidential business information and documents for which confidential treatment is properly sought,
submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees
and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b)
in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, (2) solely for cybersecurity purposes. All nonconfidential written submissions will be available for public

  inspection at the Office of the Secretary and on EDIS. [(3)]()

This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

By order of the Commission.

Issued: March 26, 2026. Lisa Barton, Secretary to the Commission. [FR Doc. 2026-06143 Filed 3-30-26; 8:45 am] BILLING CODE 7020-02-P

Footnotes

(1) Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

(2) All contract personnel will sign appropriate nondisclosure agreements.

(3) Electronic Document Information System (EDIS): https://edis.usitc.gov.

Download File

Download

CFR references

19 CFR 210.8(b)

Named provisions

Section 337 of the Tariff Act of 1930 Public Interest Factors under 19 U.S.C. 1337 Limited Exclusion Orders Cease and Desist Orders 60-Day Presidential Review Period

Classification

Agency
USITC
Published
March 31st, 2026
Comment period closes
April 30th, 2026 (29 days)
Instrument
Consultation
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
DN 3896 / ITC-2026-1850-0001
Docket
ITC-2026-1850-0001

Who this affects

Applies to
Manufacturers Importers and exporters Technology companies
Industry sector
3341 Computer & Electronics Manufacturing 3254 Pharmaceutical Manufacturing 3364 Aerospace & Defense
Activity scope
Semiconductor Importation Patent Infringement (Section 337) Import Licensing
Threshold
Entities importing or selling semiconductor devices, products containing same, and components thereof that may infringe related patents
Geographic scope
United States US

Taxonomy

Primary area
International Trade
Operational domain
Legal
Compliance frameworks
ITAR/EAR
Topics
Intellectual Property Semiconductors

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