Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation, 65713-65714 [2012-26631]

Download as PDF Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices Issued: October 24, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26549 Filed 10–29–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–860] Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: U.S. International Trade Commission. ACTION: Notice. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 25, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago Technologies U.S. Inc. of San Jose, California. Letters supplementing the complaint were filed on October 4, October 16, and October 17, 2012. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,947,456 (‘‘the ’456 patent’’) and U.S. Patent No. 5,596,595 (‘‘the ’595 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist order. SUMMARY: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by wreier-aviles on DSK7SPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2012). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 24, 2012, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) 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 optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe one or more of claims 1, 2, 4, 6–8, 11–13, 15, and 20–24 of the ’456 patent and claims 14, 17, and 19 of the ’595 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Avago Technologies Fiber IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 7, Singapore 768923. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 65713 Avago Technologies General IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 7, Singapore 768923. Avago Technologies U.S. Inc., 350 West Trimble Road, Building 90, San Jose, CA 95131. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: IPtronics A/S, Langebjergvaenget 8B st, DK–40000 Roskilde, Denmark. IPtronics Inc., 1370 Willow Road, Menlo Park, CA 94025. FCI USA, LLC, 825 Old Trail Road, Etters, PA 17319. FCI Deutschland GmbH, 175 Holzhauser Str, Floor E, Berlin 13509, Germany. FCI SA, Immeuble Calypso, 18 Parc Ariane III, 3–5 Rue Alfred Kastler, 78280 Guyancourt, France. Mellanox Technologies, Inc., 350 Oakmead Parkway, Suite 100, Sunnyvale, CA 94085. Mellanox Technologies Ltd., Beit Mellanox, Yokneam, Israel 20692. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. E:\FR\FM\30OCN1.SGM 30OCN1 65714 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices By order of the Commission. Issued: October 25, 2012. Lisa R. Barton, Acting Secretary to the Commission. written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $14.25 (25 cents per page reproduction cost) payable to the United States Treasury. [FR Doc. 2012–26631 Filed 10–29–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On October 23, 2012, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Hawaii in the lawsuit entitled United States v. County of Maui, Hawaii, Civil Action No. CV 12 00571 LEK RLP. In this action, the United States filed a complaint under the Clean Air Act alleging violations at the Central Maui Municipal Solid Waste Landfill located on the island of Maui in Hawaii. The consent decree requires the County to implement injunctive relief including conducting enhanced gas monitoring, complying with interim wellhead temperature limits and implementing fire response procedures. The consent decree also requires the County to pay a civil penalty of $380,000 and to perform a Supplemental Environmental Project (‘‘the SEP’’). The SEP requires the County to install and operate at least eight wind turbines at the Landfill property. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. County of Maui, Hawaii, D.J. Ref. No. 90–5–2–1–09360. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ..... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC. 20044–7611. wreier-aviles on DSK7SPTVN1PROD with NOTICES By mail ....... During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the consent decree upon VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–26551 Filed 10–29–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [OMB Number 1117–0034] Agency Information Collection Activities: Proposed Collection; Comments Requested: Collection of Laboratory Analysis Data on Drug Samples Tested by NonFederal (State and Local Government) Crime Laboratories ACTION: 60-Day notice of information collection under review. The Department of Justice (DOJ), Drug Enforcement Administration (DEA), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted until December 31, 2012. This process is conducted in accordance with 5 CFR 1320.10. If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Gallagher, Chief, Liaison and Policy Section, Drug Enforcement Administration, Office of Diversion Control, 8701 Morrissette Drive, Springfield, VA 22152. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal (State and Local Government) Crime Laboratories. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: none. Office of Diversion Control, Drug Enforcement Administration, U.S. Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local or Tribal Government. Other: None. Abstract: Information is needed from state and local laboratories to provide DEA with additional analyzed drug information for the National Forensic Laboratory Information System. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that there are one hundred forty (140) total respondents for this information collection. One hundred thrity-four (134) respond monthly at .13 hour (8 minutes) for each response and six (6) respond quarterly at .13 hour (8 minutes) for each response, for a total number of 1632 responses. (6) An estimate of the total public burden (in hours) associated with the collection: It is estimated that there are 218 annual burden hours associated with this collection. If additional information is required contact: Jerri Murray, Department E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65713-65714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26631]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-860]


Certain Optoelectronic Devices for Fiber Optic Communications, 
Components Thereof, and Products Containing the Same; Notice of 
Institution of Investigation

    Institution of investigation pursuant to 19 U.S.C. 1337.
AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 25, 2012, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Avago Technologies Fiber IP (Singapore) Pte. Ltd. of 
Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of 
Singapore; and Avago Technologies U.S. Inc. of San Jose, California. 
Letters supplementing the complaint were filed on October 4, October 
16, and October 17, 2012. The complaint alleges violations of section 
337 based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain optoelectronic devices for fiber optic communications, 
components thereof, and products containing the same by reason of 
infringement of certain claims of U.S. Patent No. 6,947,456 (``the '456 
patent'') and U.S. Patent No. 5,596,595 (``the '595 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at http://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 24, 2012, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 
optoelectronic devices for fiber optic communications, components 
thereof, and products containing the same that infringe one or more of 
claims 1, 2, 4, 6-8, 11-13, 15, and 20-24 of the '456 patent and claims 
14, 17, and 19 of the '595 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Avago Technologies Fiber IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 7, 
Singapore 768923.
Avago Technologies General IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 
7, Singapore 768923.
Avago Technologies U.S. Inc., 350 West Trimble Road, Building 90, San 
Jose, CA 95131.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

IPtronics A/S, Langebjergvaenget 8B st, DK-40000 Roskilde, Denmark.
IPtronics Inc., 1370 Willow Road, Menlo Park, CA 94025.
FCI USA, LLC, 825 Old Trail Road, Etters, PA 17319.
FCI Deutschland GmbH, 175 Holzhauser Str, Floor E, Berlin 13509, 
Germany.
FCI SA, Immeuble Calypso, 18 Parc Ariane III, 3-5 Rue Alfred Kastler, 
78280 Guyancourt, France.
Mellanox Technologies, Inc., 350 Oakmead Parkway, Suite 100, Sunnyvale, 
CA 94085.
Mellanox Technologies Ltd., Beit Mellanox, Yokneam, Israel 20692.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.


[[Page 65714]]


    By order of the Commission.

     Issued: October 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26631 Filed 10-29-12; 8:45 am]
BILLING CODE 7020-02-P