Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Leave To Amend the Complaint and Notice of Investigation, 67970-67971 [2024-18849]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 67970 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices Inc. of Canada; and Skyworks Global Pte. Ltd. of Singapore. A letter supplementing the complaint was filed on August 5, 2024. 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 wireless front-end modules and devices containing the same by reason of the infringement of certain claims of U.S. Patent No. 8,717,101 (‘‘the ’101 patent’’); U.S. Patent No. 9,917,563 (‘‘the ’563 patent’’); U.S. Patent No. 7,409,200 (‘‘the ’200 patent’’); U.S. Patent No. 9,450,579 (‘‘the ’579 patent’’); and U.S. Patent No. 9,148,194 (‘‘the ’194 patent’’). The complaint, as supplemented, further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request 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, as supplemented, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 16, 2024, 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 VerDate Sep<11>2014 17:28 Aug 21, 2024 Jkt 262001 identified in paragraph (2) by reason of infringement of one or more of claims 1, 2, 10, 11, 17, 18, and 20–22 of the ’101 patent; claims 14, 15, 17, and 20 of the ’563 patent; claims 1, 2, 6, 10–12, 15, 18–20, and 23–25 of the ’200 patent; claims 1 and 7 of the ’579 patent; and claim 4 of the ’194 patent, and whether an industry in the United States exists or is in the process of being established 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 ‘‘wireless front-end modules and wireless routers’’; (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: Skyworks Solutions, Inc., 5260 California Avenue, Irvine, CA 92617 Skyworks Solutions Canada, Inc., 1135 Innovation Drive, Ottawa, Ontario K2K 3G7, Canada Skyworks Global Pte. Ltd., 3 Bedok South Rd., Singapore 469269 (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: Kangxi Communication Technologies (Shanghai) Co., Ltd., 5th Floor, Building 10, No. 399 Keyuan Road, Pudong New Area, Shanghai, China Grand Chip Labs, Inc., 14151 Newport Ave., Suite 204, Tustin, CA 92780 D-Link Corporation, 4F 289 Sinhu 3rd Road, Neihu District, Taipei, 114 Taiwan D-Link Systems Inc., 14420 Myford Road, Suite 100, Irvine, CA 92606 Ruijie Networks Co., Ltd., Building 19, Juyuanzhou Industrial Park, No. 618, Jinshan Road, Cangshan District, Fuzhou, Fujian, China (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, as supplemented, 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) PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants 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. 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 (2024). Issued: August 16, 2024. Susan Orndoff, Supervisory Attorney. [FR Doc. 2024–18817 Filed 8–21–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1399] Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Leave To Amend the Complaint and Notice of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 27) of the presiding administrative law judge (‘‘ALJ’’) granting leave to amend the complaint and notice of investigation. SUMMARY: E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (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 https://www.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: On April 26, 2024, the Commission instituted this investigation based on a complaint, as supplemented, filed on behalf of US Conec, Ltd., of Hickory, North Carolina (‘‘US Conec’’). 89 FR 32459–60 (Apr. 26, 2024). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain fiber-optic connectors, adapters, jump cables, patch cords, products containing the same, and components thereof that infringe certain claims of U.S. Patent Nos. 11,733,466; 11,808,994; 11,906,794; 11,880,075; 11,385,415 and 10,495,823. Id. at 32459. The complaint also alleged that a domestic industry exists. Id. The Commission’s notice of investigation names as respondents Senko Advance Co., Ltd. of Yokkaichi City, Japan and Senko Advanced Components, Inc. of Hudson, Massachusetts (‘‘the Senko Respondents’’); Eaton Corp. of Dublin, Ireland; Tripp Lite Holdings, Inc. of Woodridge, Illinois; FS.com Inc. of New Castle, Delaware; Infinite Electronics, Inc. of Irvine, California; L-com, Inc. of North Andover, Massachusetts; Sumitomo Electric Industries, Ltd. of Osaka, Japan; Sumitomo Electric Lightwave Corp. of Raleigh, North Carolina; Sumitomo Electric U.S.A., Inc. of Torrance, California; EZconn Corp. of New Taipei City, Taiwan; Flexoptix GmbH of Darmstadt, Germany; Shenzhen UnitekFiber Solution Ltd. of Shenzhen, China; Hubbell Inc. of Shelton, Connecticut; Hubbell Premise Wiring, Inc. of Shelton, Connecticut; Shenzhen IH Optics Co., Ltd. of Shenzhen, China; Rayoptic Communication Co., Ltd., of Shenzhen, China; and HuNan Surfiber Technology Co., Ltd. of Changsha, China. Id. at VerDate Sep<11>2014 17:28 Aug 21, 2024 Jkt 262001 32460. The Office of Unfair Import Investigations (‘‘OUII’’) is participating in this investigation. Id. On July 9, 2024, US Conec filed a motion for leave to amend the complaint and notice of investigation to: (1) add Protai Photonic Co., Ltd., Jarllytec Co., Ltd., and Wave2Wave Solutions Corp. d/b/a FiberSmart as respondents; (2) correct the name of respondent L-com, Inc. to L-com, LLC; (3) adopt a previous supplement to the original complaint; and (4) correct a typographic error in paragraph 54 of the complaint. On July 18, 2024, OUII filed a response in support of the motion. On July 19, 2024, the Senko Respondents opposed the proposed addition of the three respondents because the additions were not sufficiently supported by evidence. No other party responded to the motion. On July 24, 2024, US Conec filed a reply in support of its motion. On July 31, 2024, the ALJ issued the subject ID granting the motion and granted leave to US Conec to amend its complaint as requested pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)). The ID finds that US Conec showed that the proposed additional respondents were involved in activities concerning the same accused products already at issue in the investigation, that good cause supports the amendments, and that the amendments would not prejudice the public interest or the rights of the parties. No petitions for review of the subject ID were received. The Commission has determined not to review the subject ID. The Commission vote for this determination took place on August 16, 2024. 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 part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: August 19, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–18849 Filed 8–21–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest International Trade Commission. AGENCY: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 ACTION: 67971 Notice. Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Cochlear Implant Systems and Components Thereof, DN 3768; 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. SUMMARY: 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 Advanced Bionics AG and Advanced Bionics LLC on August 16, 2024. 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 cochlear implant systems and components thereof. The complaint names as respondents: MED– EL Corporation, USA of Durham, NC; and MED-EL Elektromedizinische Geräte GmbH of Austria. 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 60day 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 FOR FURTHER INFORMATION CONTACT: E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67970-67971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18849]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1399]


Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch 
Cords, Products Containing the Same, and Components Thereof; Notice of 
Commission Determination Not To Review an Initial Determination 
Granting Leave To Amend the Complaint and Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 27) of the presiding administrative law judge 
(``ALJ'') granting leave to amend the complaint and notice of 
investigation.

[[Page 67971]]


FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On April 26, 2024, the Commission instituted 
this investigation based on a complaint, as supplemented, filed on 
behalf of US Conec, Ltd., of Hickory, North Carolina (``US Conec''). 89 
FR 32459-60 (Apr. 26, 2024). The complaint alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain fiber-optic connectors, adapters, jump cables, patch cords, 
products containing the same, and components thereof that infringe 
certain claims of U.S. Patent Nos. 11,733,466; 11,808,994; 11,906,794; 
11,880,075; 11,385,415 and 10,495,823. Id. at 32459. The complaint also 
alleged that a domestic industry exists. Id. The Commission's notice of 
investigation names as respondents Senko Advance Co., Ltd. of Yokkaichi 
City, Japan and Senko Advanced Components, Inc. of Hudson, 
Massachusetts (``the Senko Respondents''); Eaton Corp. of Dublin, 
Ireland; Tripp Lite Holdings, Inc. of Woodridge, Illinois; FS.com Inc. 
of New Castle, Delaware; Infinite Electronics, Inc. of Irvine, 
California; L-com, Inc. of North Andover, Massachusetts; Sumitomo 
Electric Industries, Ltd. of Osaka, Japan; Sumitomo Electric Lightwave 
Corp. of Raleigh, North Carolina; Sumitomo Electric U.S.A., Inc. of 
Torrance, California; EZconn Corp. of New Taipei City, Taiwan; 
Flexoptix GmbH of Darmstadt, Germany; Shenzhen UnitekFiber Solution 
Ltd. of Shenzhen, China; Hubbell Inc. of Shelton, Connecticut; Hubbell 
Premise Wiring, Inc. of Shelton, Connecticut; Shenzhen IH Optics Co., 
Ltd. of Shenzhen, China; Rayoptic Communication Co., Ltd., of Shenzhen, 
China; and HuNan Surfiber Technology Co., Ltd. of Changsha, China. Id. 
at 32460. The Office of Unfair Import Investigations (``OUII'') is 
participating in this investigation. Id.
    On July 9, 2024, US Conec filed a motion for leave to amend the 
complaint and notice of investigation to: (1) add Protai Photonic Co., 
Ltd., Jarllytec Co., Ltd., and Wave2Wave Solutions Corp. d/b/a 
FiberSmart as respondents; (2) correct the name of respondent L-com, 
Inc. to L-com, LLC; (3) adopt a previous supplement to the original 
complaint; and (4) correct a typographic error in paragraph 54 of the 
complaint. On July 18, 2024, OUII filed a response in support of the 
motion. On July 19, 2024, the Senko Respondents opposed the proposed 
addition of the three respondents because the additions were not 
sufficiently supported by evidence. No other party responded to the 
motion. On July 24, 2024, US Conec filed a reply in support of its 
motion.
    On July 31, 2024, the ALJ issued the subject ID granting the motion 
and granted leave to US Conec to amend its complaint as requested 
pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)). The ID 
finds that US Conec showed that the proposed additional respondents 
were involved in activities concerning the same accused products 
already at issue in the investigation, that good cause supports the 
amendments, and that the amendments would not prejudice the public 
interest or the rights of the parties. No petitions for review of the 
subject ID were received.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on August 16, 
2024.
    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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: August 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18849 Filed 8-21-24; 8:45 am]
BILLING CODE 7020-02-P


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