[Federal Register Volume 63, Number 74 (Friday, April 17, 1998)]
[Notices]
[Pages 19273-19274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10207]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-407]


Certain Remodulating Channel Selectors and Systems Containing 
Same; 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 March 12, 1998, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ciena Corporation, 920 Elkridge Landing Road, Linthicum, MD 21090. On 
April 8, 1998, Ciena filed an amended complaint and a supplementary 
letter. 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 remodulating channel selectors and systems containing same by 
reason of infringement of claims 1, 5, and 10 of U.S. Letters Patent 
5,715,076. 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, S.W., Room 112, 
Washington, D.C. 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. General information concerning the Commission 
may also be obtained by accessing its internet server (http://
www.usitc.gov).

    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 10.10 (1997).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on April 10, 1998, 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 remodulating 
channel selectors or systems containing same by reason of infringement 
of claims 1, 5, or 10 of U.S. Letters Patent 5,715,076 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, 920 Elkridge Landing 
Road, Linthicum, MD 21090.
    (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 Cables and Systems LLC, 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, D.C. 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

[[Page 19274]]

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.

    By order of the Commission.

    Issued: April 13, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-10207 Filed 4-16-98; 8:45 am]
BILLING CODE 7020-02-P