Notice2024-08940
Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
April 26, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 22, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of US Conec, Ltd. of Hickory, North Carolina. Supplements to the complaint were filed on April 12, 2024. The complaint 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 fiber-optic connectors, adapters, jump cables, patch cords, products containing the same, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,733,466 ("the '466 patent"); U.S. Patent No. 11,808,994 ("the '994 patent"); U.S. Patent No. 11,906,794 ("the '794 patent"); U.S. Patent No. 11,880,075 ("the '075 patent"); U.S. Patent No. 11,385,415 ("the '415 patent"); and U.S. Patent No. 10,495,823 ("the '823 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, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 82 (Friday, April 26, 2024)</title>
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[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32459-32460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08940]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1399]
Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch
Cords, Products Containing the Same, and Components Thereof; Notice of
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 March 22, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of US Conec, Ltd.
of Hickory, North Carolina. Supplements to the complaint were filed on
April 12, 2024. The complaint 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
fiber-optic connectors, adapters, jump cables, patch cords, products
containing the same, and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 11,733,466 (``the
'466 patent''); U.S. Patent No. 11,808,994 (``the '994 patent''); U.S.
Patent No. 11,906,794 (``the '794 patent''); U.S. Patent No. 11,880,075
(``the '075 patent''); U.S. Patent No. 11,385,415 (``the '415
patent''); and U.S. Patent No. 10,495,823 (``the '823 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, or in the alternative a
limited 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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#e0a5a4a9b3d3a8858c90a09593899483ce878f96"><span class="__cf_email__" data-cfemail="84c1c0cdd7b7cce1e8f4c4f1f7edf0e7aae3ebf2">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 22, 2024, ordered that--
[[Page 32460]]
(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 1-3, 6, 7, and 14-17 of the '466 patent; claims 1-7 and 11-13 of
the '994 patent; claims 1-3, 5, 6, 9, 12, and 16-18 of the '794 patent;
claims 1, 5, 8-10, 12, 15, and 17-21 of the '075 patent; claims 1, 3,
5, and 12-14 of the '415 patent; and claims 1-5 and 8-10 of the '823
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(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 ``fiber-optic
connectors, fiber-optic adapters, fiber-optic interconnects, fiber-
optic cables, fiber-optic patch cables, fiber-optic cords, and fiber-
optic patch cords, including any of the foregoing sold under the
monikers SN, SN-MT, SN EZ-Flip, and MPO Plus'';
(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:
US Conec, Ltd., 1138 25th Street SE, Hickory, NC 28602
(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:
Senko Advance Co., Ltd., 510-0833 2-5-23 Nakagawara, Yokkaichi City,
Mie Prefecture, Japan
Senko Advanced Components, Inc., 2 Cabot Road, Suite 103, Hudson, MA
01749
Eaton Corp., 30 Pembroke Road, Dublin 4, Ireland D04 Y0C2
Tripp Lite Holdings, Inc., 10000 Woodward Avenue, Woodridge, IL 60517
<a href="http://FS.com">FS.com</a> Inc., 380 Centerpoint Boulevard, New Castle, DE 19720
Infinite Electronics, Inc., 17792 Fitch, Irvine, CA 92614
L-com, Inc., 50 High Street, West Mill, Suite 30, North Andover, MA
01845
Sumitomo Electric Industries, Ltd., 4-5-33, Kitahama, Chuo-ku, 541-
0041, Osaka, Japan
Sumitomo Electric Lightwave Corp., 201 South Rogers Lane, Suite 100,
Raleigh, NC 27610
Sumitomo Electric U.S.A., Inc., 21241 S Western Avenue, Suite 120,
Torrance, CA 90501
EZconn Corp., 13F, No. 27-8, Zhongzheng E. Rd., Sec. 2, New Taipei
City, 25170 Taiwan
Flexoptix GmbH, Muehltalstr. 153, 64297, Darmstadt, Germany
Changzhou Co-Net Electronic Technology Co., Ltd., 3rd Floor, Building
3, No. 92, Renmin East, Road, Yaoguan Town, Economic, Development Zone,
213161 Changzhou, Jiangsu, China
Shenzhen UnitekFiber Solution Ltd., 8F, Datang Shidai Building, No.
2203, Meilong Road, Longhua District, Shenzhen, Guangdong province,
China
Hubbell Inc., 40 Waterview Drive, Shelton, CT 06484
Hubbell Premise Wiring, Inc., 40 Waterview Drive, Shelton, CT 06484
Shenzhen IH Optics Co., Ltd., G608-609, Baoanzhigu, Yintian Rd.,
Xixiang, Baoan Dist., Shenzhen, China 518126
Rayoptic Communication Co., Ltd, Floor 3, Building E, Dahong Science
And Technology Park, No. B-10, Baihua Community, Guangming Street,
Guangming New District, Shenzhen, China
HuNan Surfiber Technology Co., Ltd., 3rd Floor, Building A8, Desiqin
Venture Street, No. 686 Yingxin Road, l Yuhua District, Changsha,
Hunan, China
(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: April 22, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08940 Filed 4-25-24; 8:45 am]
BILLING CODE 7020-02-P
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