[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15887-15888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8531]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-397]


In the Matter of Certain Dense Wavelength Division Multiplexing 
Systems and Components Thereof; Notice of a Commission Determination 
Not To Review an Initial Determination Terminating the Investigation on 
the Basis of a Consent Order; Issuance of Consent Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting the 
parties'' joint motion to terminate the above-captioned investigation 
on the basis of a consent order.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone (202) 
205-3107.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 2, 1997, based on a complaint filed by CIENA Corporation in 
which CIENA alleged that Pirelli S.p.A., Pirelli Cavi S.p.A., and 
Pirelli Cable Corp. (collectively ``Pirelli'') violated section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by importing into 
the United States, selling for importation, and/or selling in the 
United States after importation certain dense wavelength division 
multiplexing systems or components that infringe certain claims of 
CIENA's U.S. Letters Patent 5,557,439 and/or U.S. Letters Patent 
5,504,609.
    On November 25, 1997, CIENA and Pirelli filed a joint motion to 
terminate the investigation by consent order. The Commission 
investigative attorney (``IA'') responded that he would support the 
joint motion if certain modifications

[[Page 15888]]

were made. On December 24, 1997, movants supplemented their joint 
motion by filing a revised proposed consent order. The IA responded 
that he would now support termination of the investigation on the basis 
of the revised consent order and consent order stipulation.
    On March 5, 1998, the presiding administrative law judge (``ALJ'') 
issued an ID (Order No. 6) terminating the investigation on the basis 
of the revised consent order. None of the parties, including the IA, 
filed a petition to review the ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42. Copies of the ALJ's ID and all other 
nonconfidential documents filed in connection with this investigation 
are or will be 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, S.W., Washington, D.C. 
20436, telephone 202-205-2000. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov).

    Issued: March 24, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-8531 Filed 3-31-98; 8:45 am]
BILLING CODE 7020-02-P