Certain High-Density Fiber Optic Equipment and Components Thereof; Institution of Investigation, 16653-16654 [2020-06152]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16653-16654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06152]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1194]


Certain High-Density Fiber Optic Equipment and Components 
Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 21, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Corning Optical 
Communications LLC of Charlotte, North Carolina. Supplements to the 
complaint were filed on March 2, 2020, March 11, 2020, and March 13, 
2020. The complaint, as supplemented, 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 high-density fiber optic equipment and components thereof by 
reason of infringement of certain claims of U.S. Patent No. 9,020,320 
(``the '320 patent''); U.S. Patent No. 8,712,206 (``the '206 patent''); 
U.S. Patent No. 10,120,153 (``the '153 patent''); U.S. Patent No. 
10,094,996 (``the '996 patent''); and U.S. Patent No. 10,444,456 (``the 
'456 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

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 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.

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

SUPPLEMENTARY INFORMATION:

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 18, 2020, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-3 of the '320 patent; claims 1, 2, 10, 11, 14, 22, and 23 of 
the '206 patent; claims 1, 2, 5-16, 19, and 23-27 of the '153 patent; 
claims 22-29 of the '996 patent; and claims 11, 12, 14-21, and 27-30 of 
the '456 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``high-density fiber 
optic equipment and components thereof, which consist of (1) a chassis 
with sliding trays that fits within the standardized racks used in data 
centers, and (2) removable modules that are inserted into the sliding 
trays of the chassis, wherein the chassis and modules are used to 
terminate large numbers of fiber-optic cables using standardized 
connectors (at least 98 connections per standard rack unit (or `U 
space'))'';
    (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 complainant is: Corning Optical Communications LLC, 4200 
Corning Place, Charlotte, NC 28216.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:

AFL Telecommunications Holdings LLC d/b/a AFL, 170 Ridgeview Center 
Drive, Duncan, SC 29334.
FS.com Inc., 380 Centerpoint Boulevard, New Castle, DE 19720.
Huber+Suhner AG, Degersheimerstrasse 14, 9100 Herisau, Switzerland.
Huber + Suhner, Inc., 8530 Steele Creek Place Drive, Suite H, 
Charlotte, NC 28273.
Legrand North America, LLC, 60 Woodlawn Street, West Hartford, CT 
06110.
Leviton Manufacturing Co., Inc., 201 North Service Road, Melville, NY 
11747.
Panduit Corporation, 18900 Panduit Drive, Tinley, IL 60487.
Shanghai TARLUZ Telecom Tech. Co., Ltd. d/b/a TARLUZ, 3F, Building 1, 
No. 2528 Zhennan Road, Putuo District, Shanghai, China 200331.
Shenzhen Anfkom Telecom Co., Ltd. d/b/a Anfkom Telecom, Block B, 
Hengbang Science Park, Loucun 1st Industrial Zone, Guangming New 
District, Shenzhen, China 518107.
The LAN Wirewerks Research, Laboratories Inc. d/b/a Wirewerks, 19144 
Avenue Cruickshank, Baie-d'Urf[eacute], Qu[eacute]bec, H9X 3P1, Canada.

[[Page 16654]]

The Siemon Company, Siemon Business Park, 101 Siemon Company Drive, 
Watertown, CT 06795.
Total Cable Solutions, Inc., 475 Victory Drive, Springboro, OH 45066.
Wulei Technology Co., Ltd. d/b/a Bonelinks, A409 Tangxi Jinggongfang, 
Hongwan Commercial Center, Gushu, Xixiang, Baoan District, Shenzhen, 
China 518126.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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(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.

    By order of the Commission.

    Issued: March 19, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-06152 Filed 3-23-20; 8:45 am]
BILLING CODE 7020-02-P