[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Page 8898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3466]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-650]


Certain Coaxial Cable Connectors and Components Thereof and 
Products Containing Same; Notice of Commission Advisory Opinion

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 issued an advisory opinion in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3104. 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 violations of section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) (``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 various patents, including U.S. 
Patent No. 6,558,194 (``the `194 patent''). The notice of institution 
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. The Commission issued a general exclusion order on 
March 31, 2010 with respect to the `194 patent based on a finding of 
violation of Section 337 by the defaulting respondents.
    On September 12, 2011, non-respondent, Holland Electronics, LLC 
(``Holland'') 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, 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 not refer the matter to an administrative law 
judge (ALJ).
    On October 31, 2011, the Commission determined to institute an 
advisory opinion proceeding based on Holland's request. 76 FR 68504 
(November 4, 2011). The Commission directed PPC and the Commission 
Investigative Attorney (``IA'') to state their views regarding whether 
they oppose Holland's request for an advisory opinion that its subject 
connectors are not covered by the March 31, 2010, general exclusion 
order, and if so, whether they believe the matter should be referred to 
an ALJ. Id. On November 11, 2011, PPC filed a response in support of 
Holland's request for an advisory opinion. On November 14, 2011, the IA 
also filed a response in support of Holland's request. Both PPC and the 
IA stated that it was not necessary to refer this matter to the ALJ.
    The Commission has reviewed the parties' submissions and has 
determined to grant Holland's request for an advisory opinion that its 
products embodying the design set forth in Exhibit H to Holland's 
advisory opinion request, and specifically the products listed in 
Exhibit I to Holland's request that embody that design, are not covered 
by the Commission's general exclusion order issued on March 31, 2010.
    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.

    Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-3466 Filed 2-14-12; 8:45 am]
BILLING CODE 7020-02-P