[Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
[Notices]
[Pages 41863-41864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20886]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-397]


Certain Dense Wavelength Division Multiplexing Systems and 
Components Thereof; Notice of Commission Determination to Grant a Joint 
Petition To Rescind a 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 to grant the joint petition of Ciena 
Corporation (Ciena) and Pirelli S.p.A., Pirelli Cavi e Sistemi S.p.A., 
and Pirelli Cables and Systems LLC (collectively ``Pirelli'') to 
rescind the consent order issued against Pirelli in the above-captioned 
investigation.

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

[[Page 41864]]

3104, respectively. General information concerning the Commission may 
also be obtained by accessing its Internet server (http://
www.usitc.gov). Hearing-impaired persons are advised that information 
on the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on April 
2, 1997, based on a complaint filed by Ciena in which it alleged that 
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. 62 FR 17639 (April 10, 1997).
    On November 25, 1997, Ciena and Pirelli filed a joint motion to 
terminate the investigation by consent order. On December 24, 1997, 
movants supplemented their joint motion by filing a revised proposed 
consent order. On March 5, 1998, the presiding administrative law judge 
(ALJ) issued an initial determination (ID) terminating the 
investigation on the basis of the revised consent order. On March 24, 
1998, the Commission determined not to review the ALJ's ID, 63 FR 15887 
(April 1, 1998), thereby allowing it to become the final determination 
of the Commission.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 USC 1337, and Commission rule 210.76, 19 CFR 
210.76.
    Copies of all 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.

    By order of the Commission.

    Issued: July 30, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-20886 Filed 8-4-98; 8:45 am]
BILLING CODE 7020-02-P