Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same; Notice of Commission Advisory Opinion, 8898 [2012-3466]
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
public inspection at the Office of the
Secretary and on EDIS.
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 sections 201.10 and 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
Issued: February 10, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3567 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–650]
Certain Coaxial Cable Connectors and
Components Thereof and Products
Containing Same; Notice of
Commission Advisory Opinion
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued an advisory
opinion in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Jean
Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3104. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (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 instituted this investigation
on May 30, 2008, based on a complaint
filed by John Mezzalingua Associates,
Inc., d/b/a PPC, Inc. of East Syracuse,
New York (‘‘PPC’’). 73 FR 31145 (May
30, 2008). The complaint alleged
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) (‘‘Section
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:09 Feb 14, 2012
Jkt 226001
337’’) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain coaxial cable
connectors and components thereof and
products containing the same by reason
of infringement of various patents,
including U.S. Patent No. 6,558,194
(‘‘the ‘194 patent’’). The notice of
institution named eight respondents.
After institution, two respondents were
terminated based on consent orders and
four respondents were found to be in
default (‘‘defaulting respondents’’). Two
respondents, Fu-Ching Technical
Industry, Co., Ltd., and Gem Electronics,
Inc., remained active.
On October 13, 2009, the
Administrative Law Judge (‘‘ALJ’’)
issued his final initial determination
(‘‘ID’’) and recommended determination
on remedy and bonding. The ALJ found
a violation of section 337 by the
defaulting respondents in connection
with the ‘194 patent. On December 14,
2009, the Commission determined to
review the final ID in part, but the
Commission did not review the ALJ’s
determination with respect to the ‘194
patent. The Commission issued a
general exclusion order on March 31,
2010 with respect to the ‘194 patent
based on a finding of violation of
Section 337 by the defaulting
respondents.
On September 12, 2011, nonrespondent, Holland Electronics, LLC
(‘‘Holland’’) filed a request for an
advisory opinion under Commission
Rule 210.79 (19 CFR 210.79) that would
declare that its coaxial cable connectors,
utilizing an axial but not radial
compression for deformation, are
outside of the scope of the
Commission’s March 31, 2010 general
exclusion order. Holland further
requested that the Commission conduct
all proceedings related to the advisory
opinion in an expedited manner and not
refer the matter to an administrative law
judge (ALJ).
On October 31, 2011, the Commission
determined to institute an advisory
opinion proceeding based on Holland’s
request. 76 FR 68504 (November 4,
2011). The Commission directed PPC
and the Commission Investigative
Attorney (‘‘IA’’) to state their views
regarding whether they oppose
Holland’s request for an advisory
opinion that its subject connectors are
not covered by the March 31, 2010,
general exclusion order, and if so,
whether they believe the matter should
be referred to an ALJ. Id. On November
11, 2011, PPC filed a response in
support of Holland’s request for an
advisory opinion. On November 14,
2011, the IA also filed a response in
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
support of Holland’s request. Both PPC
and the IA stated that it was not
necessary to refer this matter to the ALJ.
The Commission has reviewed the
parties’ submissions and has
determined to grant Holland’s request
for an advisory opinion that its products
embodying the design set forth in
Exhibit H to Holland’s advisory opinion
request, and specifically the products
listed in Exhibit I to Holland’s request
that embody that design, are not covered
by the Commission’s general exclusion
order issued on March 31, 2010.
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
section 210.79(a) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.79(a)).
By order of the Commission.
Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3466 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–755]
Certain Starter Motors and Alternators;
Determination Not To Review an Initial
Determination; Request for Written
Submissions on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 52) granting a joint
motion to terminate the investigation as
to respondent Electric Motor Service,
Inc. (EMS) of Logan, West Virginia. The
Commission is also requesting written
submissions concerning a remedy
against a defaulted respondent.
FOR FURTHER INFORMATION CONTACT: Jean
H. Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3104. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
SUMMARY:
E:\FR\FM\15FEN1.SGM
15FEN1
]]>Agencies
[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Page 8898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3466]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-650]
Certain Coaxial Cable Connectors and Components Thereof and
Products Containing Same; Notice of Commission Advisory Opinion
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued an advisory opinion in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3104. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (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 instituted this investigation
on May 30, 2008, based on a complaint filed by John Mezzalingua
Associates, Inc., d/b/a PPC, Inc. of East Syracuse, New York (``PPC'').
73 FR 31145 (May 30, 2008). The complaint alleged violations of section
337 of the Tariff Act of 1930 (19 U.S.C. 1337) (``Section 337'') in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain coaxial
cable connectors and components thereof and products containing the
same by reason of infringement of various patents, including U.S.
Patent No. 6,558,194 (``the `194 patent''). The notice of institution
named eight respondents. After institution, two respondents were
terminated based on consent orders and four respondents were found to
be in default (``defaulting respondents''). Two respondents, Fu-Ching
Technical Industry, Co., Ltd., and Gem Electronics, Inc., remained
active.
On October 13, 2009, the Administrative Law Judge (``ALJ'') issued
his final initial determination (``ID'') and recommended determination
on remedy and bonding. The ALJ found a violation of section 337 by the
defaulting respondents in connection with the `194 patent. On December
14, 2009, the Commission determined to review the final ID in part, but
the Commission did not review the ALJ's determination with respect to
the `194 patent. The Commission issued a general exclusion order on
March 31, 2010 with respect to the `194 patent based on a finding of
violation of Section 337 by the defaulting respondents.
On September 12, 2011, non-respondent, Holland Electronics, LLC
(``Holland'') filed a request for an advisory opinion under Commission
Rule 210.79 (19 CFR 210.79) that would declare that its coaxial cable
connectors, utilizing an axial but not radial compression for
deformation, are outside of the scope of the Commission's March 31,
2010 general exclusion order. Holland further requested that the
Commission conduct all proceedings related to the advisory opinion in
an expedited manner and not refer the matter to an administrative law
judge (ALJ).
On October 31, 2011, the Commission determined to institute an
advisory opinion proceeding based on Holland's request. 76 FR 68504
(November 4, 2011). The Commission directed PPC and the Commission
Investigative Attorney (``IA'') to state their views regarding whether
they oppose Holland's request for an advisory opinion that its subject
connectors are not covered by the March 31, 2010, general exclusion
order, and if so, whether they believe the matter should be referred to
an ALJ. Id. On November 11, 2011, PPC filed a response in support of
Holland's request for an advisory opinion. On November 14, 2011, the IA
also filed a response in support of Holland's request. Both PPC and the
IA stated that it was not necessary to refer this matter to the ALJ.
The Commission has reviewed the parties' submissions and has
determined to grant Holland's request for an advisory opinion that its
products embodying the design set forth in Exhibit H to Holland's
advisory opinion request, and specifically the products listed in
Exhibit I to Holland's request that embody that design, are not covered
by the Commission's general exclusion order issued on March 31, 2010.
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 section 210.79(a) of the Commission's Rules of Practice and
Procedure (19 CFR 210.79(a)).
By order of the Commission.
Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-3466 Filed 2-14-12; 8:45 am]
BILLING CODE 7020-02-P
