Certain Passive Optical Network Equipment; Notice of a Commission Determination To Review a Final Initial Determination Finding No Violation of Section 337, 12366-12367 [2025-04246]

Download as PDF 12366 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Notices Tallant removed the item from a burial mound in Cedar Key in Levy County, Florida and donated the item to the Yale Peabody Museum in October 1944. The one unassociated funerary object is a ceramic sherd designed within the Weeden Island series. At an unknown date, Montague Tallant removed the collection item from Cayo Pelau (8Ch1) in Charlotte County, Florida and donated the item, through Yale University graduate student, John M. Goggin, to the Yale Peabody Museum in October 1944. The 31 unassociated funerary objects removed from the Lake Trafford Burial Mound (8Cr80) in Collier County, Florida by Montague Tallant are four lots of ceramic sherds and 27 ceramic sherds. Tallant removed the items prior to 1946 and donated one item to the Yale Peabody Museum in October 1944. The remaining 30 items were donated to the Yale Peabody Museum in a subsequent transaction in October 1946. ddrumheller on DSK120RN23PROD with NOTICES1 Determinations The Yale Peabody Museum has determined that: • The 44 unassociated funerary objects described in this notice are reasonably believed to have been placed intentionally with or near human remains, and are connected, either at the time of death or later as part of the death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. The unassociated funerary objects have been identified by a preponderance of the evidence as related to human remains, specific individuals, or families, or removed from a specific burial site or burial area of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization. • There is a reasonable connection between the cultural items described in this notice and the Miccosukee Tribe of Indians; Seminole Tribe of Florida; and The Seminole Nation of Oklahoma. Requests for Repatriation Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under ADDRESSES. Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization. VerDate Sep<11>2014 18:51 Mar 14, 2025 Jkt 265001 Repatriation of the cultural items in this notice to a requestor may occur on or after April 16, 2025. If competing requests for repatriation are received, the Yale Peabody Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The Yale Peabody Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties. Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9. Dated: January 23, 2025. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2025–04195 Filed 3–14–25; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1384] Certain Passive Optical Network Equipment; Notice of a Commission Determination To Review a Final Initial Determination Finding No Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review a final initial determination (‘‘FID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. 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. SUMMARY: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on December 29, 2023, based on a complaint filed by Optimum Communications Services, Inc. of Jersey City, New Jersey (‘‘Optimum’’). 88 FR 90200–01 (Dec. 29, 2023). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based upon the importation into the United States, the sale for importation, and the sale in the United States after importation of certain passive optical network equipment by reason of the infringement of certain claims of U.S. Patent Nos. 7,333,511 (‘‘the ’511 patent’’) and 7,558,260 (‘‘the ’260 patent’’) (collectively, ‘‘the asserted patents’’). Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation (‘‘NOI’’) names the following respondents: (i) Hangzhou Softel Optic Co., Ltd. of Hangzhou, China; (ii) Hangzhou DAYTAI Network Technologies Co., Ltd. of Hangzhou, China; and (iii) Hangzhou Sumlo Industrial Co., Ltd. of Hangzhou, China (collectively, ‘‘Respondents’’). Id. at 90201. The Office of Unfair Import Investigations (‘‘Staff’’) is also a party to this investigation. Id. On May 9, 2024, the Commission found all Respondents in default. Order No. 12 (April 10, 2024), unreviewed by Comm’n Notice (May 9, 2024). Optimum and Staff opted to have the ALJ decide the investigation on the briefs rather than hold an evidentiary hearing. Order No. 13 (May 9, 2024). On May 21, 2024, Optimum filed its brief on the issues of violation, remedy, and bonding, which was titled, ‘‘Complainant’s Pre-hearing Brief.’’ On June 7, 2024, Staff filed its brief. On June 10, 2024, Optimum also filed a reply brief. Almost two months after the parties’ briefing was completed, Xenogenic Development, LLC (‘‘Xenogenic’’) moved to intervene in the investigation, to stay all proceedings, and to terminate the investigation. On August 16, 2024, Optimum filed a response to Xenogenic’s motion to intervene. On August 19, 2024, Staff filed a response to Xenogenic’s motion to intervene. On August 22, 2024, Xenogenic filed a reply. On December 19, 2024, the ALJ issued the FID finding no violation of section 337 with respect to claims 1 and 12–14 of the ’511 patent and claims 1 and 3 of the ’260 patent. Specifically, the FID finds: (1) termination is proper because, due to post-institution assignments of the asserted patents, Optimum is no SUPPLEMENTARY INFORMATION: E:\FR\FM\17MRN1.SGM 17MRN1 12367 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Notices longer a proper complainant; (2) the importation requirement has not been satisfied; (3) Optimum has not shown that either claims 1 and 12–14 of the ’511 patent or claims 1 and 3 of the ’260 patent are infringed; (4) Optimum has not satisfied the technical prong of the domestic industry requirement for the ’511 patent or the ’260 patent; and (5) Optimum has not satisfied the economic prong of the domestic industry requirement for the ’511 patent or the ’260 patent. The FID also grants in part Xenogenic’s motion to intervene for the limited purpose of addressing ownership-related issues in the event of Commission review of the FID’s findings of no violation. The FID includes the ALJ’s recommended determination (‘‘RD’’) on remedy, the public interest, and bonding should the Commission find a violation of section 337. Specifically, the RD recommends, if the Commission finds a violation, issuing a general exclusion order (‘‘GEO’’) under section 337(d)(2)(A). Id. at 49–52. However, the RD recommends that the evidence does not support that there is a widespread pattern of circumvention and, thus, does not support issuance of a GEO under section 337(d)(2)(B). Moreover, because Optimum failed to show a violation of section 337 by substantial, reliable, and probative evidence, the RD does not recommend issuing a GEO under section 337(g)(2). The RD does not recommend issuing any cease and desist orders. The RD also recommends that, because Optimum failed to demonstrate the necessity of a bond, the Commission should issue a zero percent (0%) bond for any infringing products imported during the period of Presidential review. On December 24, 2024, Optimum filed a petition for review. On January 7, 2025, Staff filed a response to Optimum’s petition. Xenogenic did not file a response to Optimum’s petition. On January 21, 2025, the Commission published its post-RD Federal Register notice seeking submissions on public interest issues raised by the relief recommended by the ALJ should the Commission find a violation. 90 FR 7158–59 (Jan. 21, 2025). On February 10, 2025, Antony Hernandez filed a submission supporting Optimum’s request for a GEO. On February 11, 2025, Xenogenic filed a submission arguing against issuance of a GEO. Having reviewed the record of this investigation, the Commission has determined to review the FID in its entirety. The Commission vote for this determination took place on March 11, 2025. VerDate Sep<11>2014 18:51 Mar 14, 2025 Jkt 265001 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: March 11, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–04246 Filed 3–14–25; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1510] Bulk Manufacturer of Controlled Substances Application: Sterling Pharma USA LLC Sheldon Drive, Suite 101, Cary, North Carolina 27513–2078 applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substance(s): Controlled substance Tetrahydrocannabinols .... 5-Methoxy-N-Ndimethyltryptamine. Dimethyltryptamine .......... Psilocybin ........................ Psilocyn ........................... Drug code Schedule 7370 7431 I I 7435 7437 7438 I I I The company plans to bulk manufacture the listed controlled substance(s) to support internal research and for sale to its customers for preclinical trial studies. No other activities for these drug codes are authorized for this registration. Matthew Strait, Deputy Assistant Administrator. Drug Enforcement Administration, Justice. ACTION: Notice of application. [FR Doc. 2025–04284 Filed 3–14–25; 8:45 am] Sterling Pharma USA LLC has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants, therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before May 16, 2025. Such persons may also file a written request for a hearing on the application on or before May 16, 2025. ADDRESSES: The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.33(a), this is notice that on February 11, 2025, Sterling Pharma USA LLC, 1001 DEPARTMENT OF JUSTICE AGENCY: SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 BILLING CODE P Drug Enforcement Administration [Docket No. DEA–1489] Importer of Controlled Substance Application: Fisher Clinical Services, Inc. Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Fisher Clinical Services, Inc. has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants, therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before April 16, 2025. Such persons may also file a written request for a hearing on the application on or before April 16, 2025. ADDRESSES: The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field o the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that sit for submitting comments. Upon submission of your comment, you will receive a SUMMARY: E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Notices]
[Pages 12366-12367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04246]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1384]


Certain Passive Optical Network Equipment; Notice of a Commission 
Determination To Review a Final Initial Determination Finding No 
Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review a final initial determination 
(``FID'') of the presiding administrative law judge (``ALJ'') finding 
no violation of section 337 in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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: The Commission instituted this investigation 
on December 29, 2023, based on a complaint filed by Optimum 
Communications Services, Inc. of Jersey City, New Jersey (``Optimum''). 
88 FR 90200-01 (Dec. 29, 2023). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), based upon the importation into the 
United States, the sale for importation, and the sale in the United 
States after importation of certain passive optical network equipment 
by reason of the infringement of certain claims of U.S. Patent Nos. 
7,333,511 (``the '511 patent'') and 7,558,260 (``the '260 patent'') 
(collectively, ``the asserted patents''). Id. The complaint further 
alleges that a domestic industry exists. Id. The Commission's notice of 
investigation (``NOI'') names the following respondents: (i) Hangzhou 
Softel Optic Co., Ltd. of Hangzhou, China; (ii) Hangzhou DAYTAI Network 
Technologies Co., Ltd. of Hangzhou, China; and (iii) Hangzhou Sumlo 
Industrial Co., Ltd. of Hangzhou, China (collectively, 
``Respondents''). Id. at 90201. The Office of Unfair Import 
Investigations (``Staff'') is also a party to this investigation. Id.
    On May 9, 2024, the Commission found all Respondents in default. 
Order No. 12 (April 10, 2024), unreviewed by Comm'n Notice (May 9, 
2024).
    Optimum and Staff opted to have the ALJ decide the investigation on 
the briefs rather than hold an evidentiary hearing. Order No. 13 (May 
9, 2024). On May 21, 2024, Optimum filed its brief on the issues of 
violation, remedy, and bonding, which was titled, ``Complainant's Pre-
hearing Brief.'' On June 7, 2024, Staff filed its brief. On June 10, 
2024, Optimum also filed a reply brief.
    Almost two months after the parties' briefing was completed, 
Xenogenic Development, LLC (``Xenogenic'') moved to intervene in the 
investigation, to stay all proceedings, and to terminate the 
investigation. On August 16, 2024, Optimum filed a response to 
Xenogenic's motion to intervene. On August 19, 2024, Staff filed a 
response to Xenogenic's motion to intervene. On August 22, 2024, 
Xenogenic filed a reply.
    On December 19, 2024, the ALJ issued the FID finding no violation 
of section 337 with respect to claims 1 and 12-14 of the '511 patent 
and claims 1 and 3 of the '260 patent. Specifically, the FID finds: (1) 
termination is proper because, due to post-institution assignments of 
the asserted patents, Optimum is no

[[Page 12367]]

longer a proper complainant; (2) the importation requirement has not 
been satisfied; (3) Optimum has not shown that either claims 1 and 12-
14 of the '511 patent or claims 1 and 3 of the '260 patent are 
infringed; (4) Optimum has not satisfied the technical prong of the 
domestic industry requirement for the '511 patent or the '260 patent; 
and (5) Optimum has not satisfied the economic prong of the domestic 
industry requirement for the '511 patent or the '260 patent. The FID 
also grants in part Xenogenic's motion to intervene for the limited 
purpose of addressing ownership-related issues in the event of 
Commission review of the FID's findings of no violation.
    The FID includes the ALJ's recommended determination (``RD'') on 
remedy, the public interest, and bonding should the Commission find a 
violation of section 337. Specifically, the RD recommends, if the 
Commission finds a violation, issuing a general exclusion order 
(``GEO'') under section 337(d)(2)(A). Id. at 49-52. However, the RD 
recommends that the evidence does not support that there is a 
widespread pattern of circumvention and, thus, does not support 
issuance of a GEO under section 337(d)(2)(B). Moreover, because Optimum 
failed to show a violation of section 337 by substantial, reliable, and 
probative evidence, the RD does not recommend issuing a GEO under 
section 337(g)(2). The RD does not recommend issuing any cease and 
desist orders. The RD also recommends that, because Optimum failed to 
demonstrate the necessity of a bond, the Commission should issue a zero 
percent (0%) bond for any infringing products imported during the 
period of Presidential review.
    On December 24, 2024, Optimum filed a petition for review. On 
January 7, 2025, Staff filed a response to Optimum's petition. 
Xenogenic did not file a response to Optimum's petition.
    On January 21, 2025, the Commission published its post-RD Federal 
Register notice seeking submissions on public interest issues raised by 
the relief recommended by the ALJ should the Commission find a 
violation. 90 FR 7158-59 (Jan. 21, 2025). On February 10, 2025, Antony 
Hernandez filed a submission supporting Optimum's request for a GEO. On 
February 11, 2025, Xenogenic filed a submission arguing against 
issuance of a GEO.
    Having reviewed the record of this investigation, the Commission 
has determined to review the FID in its entirety.
    The Commission vote for this determination took place on March 11, 
2025.
    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: March 11, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04246 Filed 3-14-25; 8:45 am]
BILLING CODE 7020-02-P
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