[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Pages 15611-15612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04446]
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INTERNATIONAL TRADE COMMISSION
[Investigation. No. 337-TA-1391]
Certain Network Equipment Supporting NETCONF; Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on January 19, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Optimum
Communications Services, Inc. of Jersey City, New Jersey. Supplements
to complaint were filed on February 2 and 5, 2024. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain network
equipment supporting NETCONF by reason of the infringement of certain
claims of U.S. Patent No. 10,567,474 (``the '474 patent'') and U.S.
Patent No. 10,848,546 (``the '546 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a general exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 27, 2024, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, and 4-7 of the '474 patent; and claims 1-3 and 5-9 of the
'546 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337; \1\
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\1\ Commissioner Kearns does not vote to institute the
investigation for the reasons set forth in his memo expressing his
separate views (Memo No. CO87-UU-005).
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[[Page 15612]]
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``[o]ptical line
termination (OLT) and optical network unit/terminal (ONU/ONT)
equipment, and subassemblies thereof, for passive optical networks that
support NETCONF, conforming to internet standards IETF RFCs 6241
(NETCONF) and its companion RFC 7950 (YANG), as well as applicable
modules and updates for them'';
(3) 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:
Optimum Communications Services, Inc., 344 Grove Street #242, Jersey
City, NJ 07302
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Changsha Silun Network Technology Co., Ltd., Address 6007, South Tower,
Building 1b, Changsha Headquarters Base, Jinhai Road, Changsha, Hunan,
China 410123
Hunan Maiqiang Network Technology Company Limited, Address Room 2002,
Building 3, Changfang Tianyi Future City, No. 298, Shuguang Middle Rd.,
Changsha, Hunan, China 410021
Hunan Zikun Information Technology Co., Ltd., Address 6th Floor,
Changsha Headquarters Base, Jinhai Rd, Yuhua District, Changsha, Hunan,
China 410123
Guangzhou Qiton Electronics Technology Co., Ltd., Address Room 405, 27-
3, Yuanxiatian 4th Road, Yongping Street, Guangzhou, Guangdong, China
510420
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate 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(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation 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 an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: February 27, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04446 Filed 3-1-24; 8:45 am]
BILLING CODE 7020-02-P