[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Page 44923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16029]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1194]
Certain High-Density Fiber Optic Equipment and Components
Thereof; Commission Determination Not To Review an Initial
Determination Granting a Motion To Amend the Complaint and Notice of
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. 9) of the presiding administrative law judge
(``ALJ''), granting complainant's unopposed motion to amend the
complaint and notice of investigation (``NOI'') to add proposed
respondent AFL Telecommunications LLC (``AFL Telecommunications'') and
to terminate respondent AFL Telecommunications Holdings LLC (``AFL
Holdings'').
FOR FURTHER INFORMATION CONTACT: Cathy Chen, 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 https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 March 24, 2020, based on a complaint filed on behalf of Corning
Optical Communications LLC (``Corning'') of Charlotte, North Carolina.
85 FR 16653 (Mar. 24, 2020). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain high-density fiber optic equipment and components thereof by
reason of infringement of certain claims of U.S. Patent Nos.:
9,020,320; 8,712,206; 10,120,153; 10,094,996; and 10,444,456. Id. The
complaint further alleges that a domestic industry exists. Id. The
Commission's notice of investigation named thirteen respondents
including AFL Holdings of Duncan, South Carolina. Id. The notice of
investigation also names the Office of Unfair Import Investigations as
a party. Id. at 16654.
On June 1, 2020, Corning filed a motion to amend the complaint and
notice of investigation to add proposed respondent AFL
Telecommunications and to terminate respondent AFL Holdings. The motion
notes that AFL Telecommunications is a related corporate entity of AFL
Holdings, and that termination of AFL Holdings is appropriate because
AFL Telecommunications is the operating entity engaged in importation
and sales potentially relevant to this investigation. Order No. 9 at 1-
2 (June 19, 2020). No response was filed.
On June 19, 2020, the ALJ issued the subject ID granting the
unopposed motion to amend. Id. at 3. The ID notes that the motion
complies with Commission Rules 210.14 and 210.21, 19 CFR 210.14 and
210.21. See id. at 1-3. The ID concludes that ``good cause exists to
amend the amended complaint and notice of investigation to conform to
the correct information.'' Id. at 3. No petitions for review were
filed.
The Commission has determined not to review the subject ID. The
complaint and notice of investigation have been amended to add
respondent AFL Telecommunications and to terminate respondent AFL
Holdings.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant complete service for any party
without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission vote for this determination took place on July 20,
2020.
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.
Issued: July 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16029 Filed 7-23-20; 8:45 am]
BILLING CODE 7020-02-P