[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Pages 18236-18237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8044]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-650]


In the Matter of Certain Coaxial Cable Connectors and Components 
Thereof and Products Containing Same; Notice of Commission Issuance of 
a General Exclusion Order, a Limited Exclusion Order, and a Remand 
Order; Extension of Target Date

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 that there is a violation of 19 U.S.C. 1337 
by Hanjiang Fei Yu Electronics Equipment Factory of China; Zhongguang 
Electronics of China; Yangzhou Zhongguang Electronics Co. of China; and 
Yangzhou Zhongguang Foreign Trade Co. Ltd. of China (collectively, 
``defaulting respondents'') with respect to U.S. Patent Nos. 6,558,194 
(``the `194 patent'') and D519,076 (``the `076 patent'') in the above-
captioned investigation. The Commission has also determined that 
neither respondents Fu-Ching Technical Industry Co., Ltd. of Taiwan 
(``Fu-Ching''), Gem Electronics, Inc. of Windsor, Connecticut (``Gem'') 
(collectively, ``active respondents'') nor the defaulting respondents 
have violated section 337 in connection with U.S. Patent No. 5,470,257 
(``the `257 patent''). The Commission has determined to issue a general 
exclusion order and a limited exclusion order. The Commission has also 
determined to issue a remand order remanding the portion of the 
investigation relating to U.S. Patent No. D440,539 (``the `539 
patent'') to the administrative law judge (``ALJ'') for further 
proceedings. The Commission has determined to extend the target date by 
60 days until May 26, 2010.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of non-
confidential 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, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov.

[[Page 18237]]

The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.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 May 30, 2008, based on a complaint filed by John Mezzalingua 
Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (``PPC''). 
73 FR 31145 (May 30, 2008). The complaint alleged violations of section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain coaxial cable connectors and 
components thereof and products containing the same by reason of 
infringement of the `257, `539, `194, and `076 patents. The complaint 
named eight respondents. After institution, two respondents were 
terminated from the investigation based on consent orders, and the 
following four respondents were found in default: Hanjiang Fei Yu 
Electronics Equipment Factory of China; Zhongguang Electronics of 
China; Yangzhou Zhongguang Electronics Co. of China; and Yangzhou 
Zhongguang Foreign Trade Co. Ltd. of China. The only respondents 
actively remaining in this investigation are Fu-Ching and Gem.
    On October 13, 2009, the ALJ issued his final initial determination 
(``ID'') finding, based on substantial, reliable, and probative 
evidence, that the defaulting respondents violated section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain coaxial 
cable connectors and components thereof and products containing the 
same by reason of infringement of the `257, `539, `076, and `194 
patents. The ALJ found that the active respondents have not violated 
section 337. Based upon petitions for review filed by PPC and the 
Commission Investigative Attorney, the Commission, on December 14, 
2009, determined to review (1) the ALJ's findings and conclusions 
relating to whether a violation of section 337 has occurred with 
respect to the `257 patent, including the issues of claim construction, 
infringement, validity, and domestic industry and (2) the ALJ's finding 
that PPC has met the domestic industry requirement for the `539 patent.
    In its review notice, the Commission asked several questions 
regarding the issues on review, and invited the public to comment on 
the domestic industry requirement under section 337(a)(3)(C), 19 U.S.C. 
1337(a)(3)(C). On January 13, 2010, the parties filed opening 
submissions addressing the issues on review as well as remedy, public 
interest, and bonding, and on January 27, 2010, the parties filed 
response submissions. Several non-parties also filed submissions 
addressing the questions regarding domestic industry in the 
Commission's review notice.
    On January 29, 2010, the law firm of Covington and Burling LLP 
filed, on behalf of several non-parties, a motion for leave to correct 
a reply submission, which it had timely filed on January 27, 2010. No 
one opposed this motion. The Commission has determined to grant this 
motion.
    Having examined the record of this investigation, including the 
ALJ's final ID and all the written submissions, the Commission has 
determined to vacate in part the ALJ's finding that complainant PPC 
established a domestic industry for the `539 patent and to issue an 
order remanding the portion of the investigation relating to the `539 
patent to the ALJ for further proceedings. The Commission has also 
determined to modify the ALJ's constructions of ``fastener means'' and 
``engagement means'' in the `257 patent and consequently reverse the 
ALJ's finding that complainant PPC established a domestic industry for 
the `257 patent and his finding that a violation has occurred with 
respect to the `257 patent. The Commission has determined that the 
defaulting respondents violated section 337 by reason of infringement 
of the `076 and `194 patents. The Commission has determined that the 
active respondents, Fu-Ching and Gem, did not violate section 337.
    The Commission has determined that the appropriate form of relief 
is a limited exclusion order and a general exclusion order. The limited 
exclusion order prohibits the unlicensed entry of coaxial cable 
connectors and components thereof and products containing the same that 
infringe the claim of the `076 design patent and are manufactured 
abroad by or on behalf of, or imported by or on behalf of, any of the 
defaulting respondents. The general exclusion order prohibits the 
unlicensed entry of coaxial cable connectors and components thereof and 
products containing the same that infringe claim 1 and/or 2 of the `194 
patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude 
issuance of the limited exclusion order and the general exclusion 
order. Finally, the Commission determined that the amount of bond 
during the Presidential review period (19 U.S.C. 1337(j)) shall be in 
the amount of thirteen (13) cents per coaxial connector of the 
defaulting respondents that is subject to the limited exclusion order 
or the general exclusion order. No bond is required for any other 
coaxial cable connector or component thereof or product containing the 
same covered by the general exclusion order. The Commission's order was 
delivered to the President and the United States Trade Representative 
on the day of its issuance.
    Finally, the Commission has determined to extend the target date 
from March 26, 2010, to May 26, 2010, to allow the ALJ time to consider 
the Commission's remand instructions. The Commission has instructed the 
ALJ to make his determination on remand at the earliest practicable 
time, and to extend the target date of the above-captioned 
investigation as he deems necessary to accommodate the remand 
proceedings.
    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 sections 210.42-50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-50).

    By order of the Commission.

    Issued: March 31, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-8044 Filed 4-8-10; 8:45 am]
BILLING CODE 7020-02-P