[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9179]
[[Page 17639]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-397]
Certain Dense Wavelength Division Multiplexing Systems and
Components Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 18, 1997, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ciena Corporation, 8530 Corridor Road, Savage, MD 20763. On March 13,
1997, the Commission extended by two weeks the thirty-day period for
determining whether to institute an investigation based on the
complaint. On March 17, 1997, Ciena filed an amended complaint.
Supplementary letters were filed on March 21 and 25, 1997. The
complaint, as amended and supplemented, alleges violations of section
337 in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain dense wavelength division multiplexing systems and components
thereof by reason of infringement of claims 1-7 of U.S. Letters Patent
5,557,439 and claims 1-10 of U.S. Letters Patent 5,504,609. The
complaint further alleges that there exists an industry in the United
States as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and a permanent 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.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
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 Sec. 210.10 (1996).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on April 1, 1997, 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 dense
wavelength division multiplexing systems or components thereof by
reason of infringement of claims 1-7 of U.S. Letters Patent 5,557,439
or claims 1-10 of U.S. Letters Patent 5,504,609, and whether there
exists an industry in the United States as required by subsection
(a)(2) of section 337.
(2) 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: Ciena Corporation, 8530 Corridor Road,
Savage, MD 20763.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Pirelli, S.p.A., Viale Sarca 222, 20126 Milano (Milan), Italy
Pirelli Cavi, S.p.A., Optical Communications Systems, Viale Sarca 222,
20126 Milano (Milan), Italy
Pirelli Cable Corporation, 705 Industrial Drive, Lexington, SC 29072
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-O,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as 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) and 210.13(a), such responses will be
considered by the Commission if received no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting responses to the
complaint 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: April 2, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary,
[FR Doc. 97-9179 Filed 4-9-97; 8:45 am]
BILLING CODE 7020-02-P