[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68504-68505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28586]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-650]


Advisory Opinion Proceeding; Certain Coaxial Cable Connectors and 
Components Thereof and Products Containing Same; Determination To 
Institute an Advisory Opinion Proceeding

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 institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. 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 (http://www.usitc.gov). 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

[[Page 68505]]

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 various patents, including U.S. 
Patent No. 6,558,194 (``the '194 patent''). The complaint named eight 
respondents. After institution, two respondents were terminated based 
on consent orders and four respondents were found to be in default 
(``defaulting respondents''). Two respondents, Fu-Ching Technical 
Industry, Co., Ltd., and Gem Electronics, Inc., remained active.
    On October 13, 2009, the Administrative Law Judge (``ALJ'') issued 
his final initial determination (``ID'') and recommended determination 
on remedy and bonding. The ALJ found a violation of section 337 by the 
defaulting respondents in connection with the '194 patent. On December 
14, 2009, the Commission determined to review the final ID in part, but 
the Commission did not review the ALJ's determination with respect to 
the '194 patent. On March 31, 2010, the Commision issued a General 
Exclusion Order with respect to the '194 patent. The Commission issued 
a general exclusion order with respect to U.S. Patent No. 5,470,257 on 
September 13, 2011 following remand from the U.S. Court of Appeals for 
the Federal Circuit. John Mezzalingua Assoc. v. Int'l Trade Comm., 2011 
U.S. App. Lexis 8806 (Fed. Cir. April 28, 2011).
    On September 12, 2011, non-respondent, Holland Electronics, LLC 
(``Holland'') of Ventura, California filed a request for an advisory 
opinion under Commission Rule 210.79 (19 CFR 210.79) that would declare 
that its coaxial cable connectors, utilizing an axial but not radial 
compression for deformation (``axial connectors''), are outside of the 
scope of the Commission's March 31, 2010 General Exclusion Order. 
Holland further requested that the Commission conduct all proceedings 
related to the advisory opinion in an expedited manner and indicated 
that referral to the ALJ is unnecessary.
    The Commission has examined Holland's request for an advisory 
opinion and has determined that it complies with the requirements for 
institution of an advisory opinion proceeding under Commission Rule 
210.79(a). Accordingly, the Commission has determined to institute an 
advisory opinion proceeding. The Commission directs complainant PPC and 
the Commission investigative attorney to state their views regarding 
whether they oppose Holland's request for an advisory opinion that its 
axial connectors are not covered by the March 31, 2010 General 
Exclusion Order, and if so, whether they believe the matter should be 
referred to the ALJ.
    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 section 210.79(a) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.79(a)).

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-28586 Filed 11-3-11; 8:45 am]
BILLING CODE 7020-02-P