83 FR 17677 - Certain Subsea Telecommunications Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation To Correct the Name of a Respondent and Withdrawal of the Complaint as to Other Respondents

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 78 (April 23, 2018)

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 for leave to amend the complaint and notice of investigation to correct the name of respondent Alcatel-Lucent Submarine Networks SAS to Alcatel Submarine Networks and withdrawal of the complaint as to respondents Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC.

[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17677-17678]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08369]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1098]


Certain Subsea Telecommunications Systems and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Granting a Motion for Leave To Amend the Complaint and Notice of 
Investigation To Correct the Name of a Respondent and Withdrawal of the 
Complaint as to Other Respondents

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 for leave to amend 
the complaint and notice of investigation to correct the name of 
respondent Alcatel-Lucent Submarine Networks SAS to Alcatel Submarine 
Networks and withdrawal of the complaint as to respondents Nokia 
Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia 
Solutions and Networks US LLC.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 January 26, 2018, based on a complaint, as supplemented, filed on 
behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom; 
Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen, 
Texas (``complainants''). 83 FR 3370 (Jan. 26, 2018). The complaint, as 
supplemented, alleges violations of Section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``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 subsea 
telecommunication systems and components thereof by reason of 
infringement of one or more of U.S. Patent No. 8,380,068; U.S. Patent 
No. 7,860,403; U.S. Patent No. 8,971,171; U.S. Patent No. 8,351,798; 
and U.S. Patent No. 8,406,637. The complaint further alleges that an 
industry in the United States exists as required by section 337. The 
Notice of Investigation named numerous respondents, including: Nokia 
Corporation of Espoo, Finland; Nokia Solutions and Networks B.V. of 
Hoofddorp, The Netherlands; Nokia Solutions and Networks Oy of Espoo, 
Finland; Nokia Solutions and Networks US LLC of Phoenix, Arizona; and 
Alcatel-Lucent Submarine Networks SAS of Boulogne-Billancourt, France. 
The Office of Unfair Import Investigations was named as a party in this 
investigation.
    On March 8, 2018, complainants filed an unopposed motion to (1) 
amend the complaint and notice of investigation to correct the name of 
Alcatel-Lucent Submarine Networks SAS to Alcatel Submarine Networks and 
(2) withdraw the complaint as to Nokia Solutions and Networks B.V., 
Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US 
LLC. Complainants note that complainants, Nokia Corporation, Nokia 
Solutions and Networks B.V., Nokia Solutions and Networks Oy, Nokia 
Solutions and Networks US LLC, and Alcatel-Lucent Submarine Networks 
SAS entered into a joint stipulation concerning the subject matter of 
the investigation where Nokia Corporation, Nokia Solutions and Networks 
B.V., Nokia Solutions and Networks Oy, Nokia Solutions and Networks US 
LLC, and Alcatel-Lucent Submarine Networks SAS represented that Nokia 
Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia 
Solutions and Networks US LLC do not sell, design, or manufacture the 
accused subsea telecommunication systems and components thereof; and

[[Page 17678]]

that Nokia Solutions and Networks US LLC no longer exists as of January 
1, 2018. Based on this stipulation, complainants agreed to withdraw the 
complaint as to Nokia Solutions and Networks B.V., Nokia Solutions and 
Networks Oy, and Nokia Solutions and Networks US LLC.
    On March 19, 2018, the ALJ issued the subject ID granting 
complainants' motion. The ALJ found that good cause exists to amend the 
complaint and there is no evidence of any prejudice to the parties in 
the investigation. The ALJ found that no extraordinary circumstances 
prevent the partial termination of the investigation as to Nokia 
Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia 
Solutions and Networks US LLC. None of the parties petitioned for 
review of the subject ID.
    The Commission has determined not to review the ID.
    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: April 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-08369 Filed 4-20-18; 8:45 am]
 BILLING CODE 7020-02-P