Notice2024-23968
Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
Primary source
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Published
October 17, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 34) of the presiding administrative law judge ("ALJ") terminating the two remaining respondents based on settlement. The investigation is thus terminated in its entirety.
Full Text
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<title>Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)</title>
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[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83701-83702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23968]
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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
Commission Determination Not To Review an Initial Determination
Terminating the Investigation Based on Settlement; Termination of the
Investigation
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 not to review an initial determination
(``ID'') (Order No. 34) of the presiding administrative law judge
(``ALJ'') terminating the two remaining respondents based on
settlement. The investigation is thus terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation 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#e8adaca1bbdba08d8498a89d9b819c8bc68f879e"><span class="__cf_email__" data-cfemail="20656469731368454c506055534954430e474f56">[email protected]</span></a>. 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>. 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: On April 26, 2024, the Commission instituted
this investigation based on a complaint, as supplemented, filed on
behalf of US Conec, Ltd., of Hickory, North Carolina (``US Conec''). 89
FR 32459-60 (Apr. 26, 2024). The complaint alleged violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337,
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 that infringe
certain claims of U.S. Patent Nos. 11,733,466; 11,808,994; 11,906,794;
11,880,075; 11,385,415 and 10,495,823. Id. at 32459. The complaint also
alleged that a domestic industry exists. Id. The Commission's notice of
investigation names as respondents Senko Advance Co., Ltd. of Yokkaichi
City, Japan and Senko Advanced Components, Inc. of Hudson,
Massachusetts (``the Senko Respondents''); Eaton Corp. of Dublin,
Ireland; Tripp Lite Holdings, Inc. of Woodridge, Illinois; <a href="http://FS.com">FS.com</a> Inc.
of New Castle, Delaware (``<a href="http://FS.com">FS.com</a>''); Infinite Electronics, Inc. of
Irvine, California; L-com, Inc. of North Andover, Massachusetts;
Sumitomo Electric Industries, Ltd. of Osaka, Japan, Sumitomo Electric
Lightwave Corp. of Raleigh, North Carolina, and Sumitomo Electric
U.S.A., Inc. of Torrance, California (together, ``Sumitomo''); EZconn
Corp. of New Taipei City, Taiwan; Flexoptix GmbH of Darmstadt, Germany;
Shenzhen UnitekFiber Solution Ltd. of Shenzhen, China; Hubbell Inc. of
Shelton, Connecticut; Hubbell Premise Wiring, Inc. of Shelton,
Connecticut; Shenzhen IH Optics Co., Ltd. of Shenzhen, China; Rayoptic
Communication Co., Ltd., of Shenzhen, China; and HuNan Surfiber
Technology Co., Ltd. of Changsha, China. Id. at 32460. The Office of
Unfair Import Investigations (``OUII'') is participating in this
investigation. Id.
The Commission previously terminated the investigation in part
based on the entry of consent orders with respect to the following
respondents: <a href="http://FS.com">FS.com</a> Inc., Order No. 15 (Jun. 25, 2024), unreviewed by
Comm'n Notice (Jul. 24, 2024); Shenzhen IH Optics Co., Ltd., Order No.
16 (Jun. 26, 2024), unreviewed by Comm'n Notice (Jul. 24, 2024);
Flexoptix GmbH, Order No. 17 (Jun. 26, 2024), unreviewed by Comm'n
Notice (Jul. 24, 2024). The Commission also previously terminated the
investigation in part based on settlement with respect to Sumitomo.
Sumitomo, Order No. 21 (Jul. 15, 2024), unreviewed by Comm'n Notice
(Aug. 8, 2024).
The Commission further previously terminated the investigation in
part based on US Conec's withdrawal of the complaint with respect to
the following respondents: Hubbell Inc., Hubbell Premise Wiring, Inc.,
EZconn Corp., Changzhou Co-Net Electronic Technology Co., Ltd.,
Shenzhen UnitekFiber Solution Ltd., Rayoptic Communication Co., Ltd.,
HuNan Surfiber Technology Co., Ltd., Eaton Corp., Tripp Lite Holdings,
Inc., Infinite Electronics, Inc., and L-Com, LLC. Order No. 33 (Sept.
3, 2024), unreviewed by Comm'n Notice (Oct. 3, 2024).
On July 9, 2024, US Conec filed a motion for leave to amend the
complaint and notice of investigation to add three respondents: Protai
Photonic Co., Ltd., Jarllytec Co., Ltd., and Wave2Wave Solutions Corp.
d/b/a FiberSmart. The ALJ issued Order No. 27 granting the motion to
allow US Conec to amend its complaint. Order No. 27 (Jul. 31, 2024),
unreviewed by Comm'n Notice (Aug. 16, 2024). But while US Conec was
granted leave to amend its complaint, US Conec never filed an amended
complaint. Therefore, Protai Photonic Co., Ltd., Jarllytec Co., Ltd.,
and Wave2Wave Solutions Corp. d/b/a FiberSmart were not added to the
investigation as respondents.
On September 23, 2024, US Conec and the Senko Respondents jointly
moved to terminate the investigation with respect to the Senko
Respondents based on settlement. That same day, OUII filed a response
in support of the motion. No other party responded to the motion.
On July 15, 2024, the ALJ issued the subject ID granting the motion
and terminating the investigation with respect to the Senko Respondents
based on settlement pursuant to Commission Rule 210.21(b)(1) (19 CFR
210.21(b)(1)). Because the Senko Respondents were the last remaining
respondents in the investigation, the ID also terminates the
investigation in its entirety. No petitions for review of the subject
ID were received.
The Commission has determined not to review the subject ID. This
investigation is hereby terminated.
The Commission vote for this determination took place on October
11, 2024.
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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
[[Page 83702]]
Issued: October 11, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23968 Filed 10-16-24; 8:45 am]
BILLING CODE 7020-02-P
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