83 FR 23936 - Certain Submarine Telecommunication Systems and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 100 (May 23, 2018)
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23936-23937 | |
| FR Document | 2018-11008 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Notices] [Pages 23936-23937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11008] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1113] Certain Submarine Telecommunication Systems and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of NEC Corporation of Japan and NEC Corporation of America of Irving, Texas. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation into the United States, and/or the sale within the United States after importation of certain submarine telecommunication systems and components thereof by reason of infringement of U.S. Patent No. 8,244,131 (``the '131 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205-2000. 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. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.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: [[Page 23937]] 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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 17, 2018, 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 into the United States, and/or the sale within the United States after importation of certain submarine telecommunication systems and components thereof by reason of infringement of one or more of claims 1-19 of the '131 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) 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 complainants are: NEC Corporation, 7-1, Shiba 5-chome, Minatao-ku,, Tokyo 108-8001, Japan NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 75063-2909 (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: Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013, MC Assembly, LLC, 425 North Drive, Melbourne, FL 32934 MC Test Services, Inc., 425 North Drive, Melbourne, FL 32934 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (3) 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), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission 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: May 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-11008 Filed 5-22-18; 8:45 am] BILLING CODE 7020-02-P
![23936 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
order, cease and desist orders, and or the first page. (See Handbook for INTERNATIONAL TRADE
impose a bond upon respondents’ Electonic Filing Procedures, Electronic COMMISSION
alleged infringing articles during the 60- Filing Procedures.1) Persons with
[Investigation No. 337–TA–1113]
day Presidential review period pursuant questions regarding filing should
to 19 U.S.C. 1337(j). contact the Secretary (202–205–2000). Certain Submarine Telecommunication
Proposed respondents, other
Any person desiring to submit a Systems and Components Thereof;
interested parties, and members of the
document to the Commission in Institution of Investigation
public are invited to file comments, not
to exceed five (5) pages in length, confidence must request confidential AGENCY: U.S. International Trade
inclusive of attachments, on any public treatment. All such requests should be Commission.
interest issues raised by the complaint directed to the Secretary to the
ACTION: Notice.
or § 210.8(b) filing. Comments should Commission and must include a full
address whether issuance of the relief statement of the reasons why the SUMMARY: Notice is hereby given that a
specifically requested by the Commission should grant such complaint was filed with the U.S.
complainant in this investigation would treatment. See 19 CFR 201.6. Documents International Trade Commission on
affect the public health and welfare in for which confidential treatment by the April 20, 2018, under section 337 of the
the United States, competitive Commission is properly sought will be Tariff Act of 1930, as amended, on
conditions in the United States treated accordingly. All such requests behalf of NEC Corporation of Japan and
economy, the production of like or should be directed to the Secretary to NEC Corporation of America of Irving,
directly competitive articles in the the Commission and must include a full Texas. The complaint alleges violations
United States, or United States statement of the reasons why the of section 337 based upon the
consumers. Commission should grant such importation into the United States, the
In particular, the Commission is treatment. See 19 CFR 201.6. Documents sale for importation into the United
interested in comments that: for which confidential treatment by the States, and/or the sale within the United
(i) Explain how the articles Commission is properly sought will be States after importation of certain
potentially subject to the requested treated accordingly. All information, submarine telecommunication systems
remedial orders are used in the United including confidential business and components thereof by reason of
States; information and documents for which infringement of U.S. Patent No.
(ii) Identify any public health, safety, 8,244,131 (‘‘the ’131 patent’’). The
confidential treatment is properly
or welfare concerns in the United States complaint further alleges that an
sought, submitted to the Commission for
relating to the requested remedial industry in the United States exists as
orders; purposes of this Investigation may be
disclosed to and used: (i) By the required by the applicable Federal
(iii) Identify like or directly Statute.
competitive articles that complainant, Commission, its employees and Offices,
The complainants request that the
its licensees, or third parties make in the and contract personnel (a) for
Commission institute an investigation
United States which could replace the developing or maintaining the records
and, after the investigation, issue a
subject articles if they were to be of this or a related proceeding, or (b) in
limited exclusion order and cease and
excluded; internal investigations, audits, reviews, desist orders.
(iv) Indicate whether complainant, and evaluations relating to the
ADDRESSES: The complaint, except for
complainant’s licensees, and/or third programs, personnel, and operations of
any confidential information contained
party suppliers have the capacity to the Commission including under 5
therein, is available for inspection
replace the volume of articles U.S.C. Appendix 3; or (ii) by U.S.
during official business hours (8:45 a.m.
potentially subject to the requested government employees and contract
to 5:15 p.m.) in the Office of the
exclusion order and/or a cease and personnel,2 solely for cybersecurity
Secretary, U.S. International Trade
desist order within a commercially purposes. All nonconfidential written Commission, 500 E Street SW, Room
reasonable time; and submissions will be available for public 112, Washington, DC 20436, telephone
(v) Explain how the requested inspection at the Office of the Secretary (202) 205–2000. Hearing impaired
remedial orders would impact United and on EDIS.3 individuals are advised that information
States consumers. This action is taken under the
Written submissions must be filed no on this matter can be obtained by
authority of section 337 of the Tariff Act contacting the Commission’s TDD
later than by close of business, eight
calendar days after the date of of 1930, as amended (19 U.S.C. 1337), terminal on (202) 205–1810. Persons
publication of this notice in the Federal and of §§ 201.10 and 210.8(c) of the with mobility impairments who will
Register. There will be further Commission’s Rules of Practice and need special assistance in gaining access
opportunities for comment on the Procedure (19 CFR 201.10, 210.8(c)). to the Commission should contact the
public interest after the issuance of any By order of the Commission.
Office of the Secretary at (202) 205–
final initial determination in this 2000. General information concerning
Issued: May 18, 2018.
investigation. the Commission may also be obtained
Lisa Barton, by accessing its internet server at
Persons filing written submissions
must file the original document Secretary to the Commission. https://www.usitc.gov. The public
electronically on or before the deadlines [FR Doc. 2018–11006 Filed 5–22–18; 8:45 am] record for this investigation may be
stated above and submit 8 true paper BILLING CODE P viewed on the Commission’s electronic
daltland on DSKBBV9HB2PROD with NOTICES
copies to the Office of the Secretary by docket (EDIS) at https://edis.usitc.gov.
noon the next day pursuant to § 210.4(f) 1 Handbook for Electronic Filing Procedures: FOR FURTHER INFORMATION CONTACT:
of the Commission’s Rules of Practice https://www.usitc.gov/documents/handbook_on_ Pathenia M. Proctor, The Office of
filing_procedures.pdf. Unfair Import Investigations, U.S.
and Procedure (19 CFR 210.4(f)). 2 All contract personnel will sign appropriate
Submissions should refer to the docket International Trade Commission,
nondisclosure agreements.
number (‘‘Docket No. 3306) in a 3 Electronic Document Information System telephone (202) 205–2560.
prominent place on the cover page and/ (EDIS): https://edis.usitc.gov. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23937
Authority: The authority for Commission of the complaint and the $153,009.48 in past response costs at the
institution of this investigation is notice of investigation. Extensions of Site, and to pay future response costs
contained in section 337 of the Tariff time for submitting responses to the incurred by the United States in
Act of 1930, as amended, 19 U.S.C. 1337 complaint and the notice of connection with this consent decree, as
and in section 210.10 of the investigation will not be granted unless described in the consent decree.
Commission’s Rules of Practice and good cause therefor is shown. The publication of this notice opens
Procedure, 19 CFR 210.10 (2018). Failure of a respondent to file a timely a period for public comment on the
Scope of Investigation: Having response to each allegation in the consent decree. Comments should be
considered the complaint, the U.S. complaint and in this notice may be addressed to the Assistant Attorney
International Trade Commission, on deemed to constitute a waiver of the General, Environment and Natural
May 17, 2018, ordered that— right to appear and contest the Resources Division, and should refer to
(1) Pursuant to subsection (b) of allegations of the complaint and this United States v. Hercules, LLC, D.J. Ref.
section 337 of the Tariff Act of 1930, as notice, and to authorize the No. 90–11–3–11685. All comments must
amended, an investigation be instituted administrative law judge and the be submitted no later than thirty (30)
to determine whether there is a Commission, without further notice to days after the publication date of this
violation of subsection (a)(1)(B) of the respondent, to find the facts to be as notice. Comments may be submitted
section 337 in the importation into the alleged in the complaint and this notice either by email or by mail:
United States, the sale for importation and to enter an initial determination
into the United States, and/or the sale and a final determination containing To submit Send them to:
within the United States after such findings, and may result in the comments:
importation of certain submarine issuance of an exclusion order or a cease
By email ....... pubcomment-ees.enrd@
telecommunication systems and and desist order or both directed against usdoj.gov.
components thereof by reason of the respondent. By mail ......... Assistant Attorney General,
infringement of one or more of claims By order of the Commission. U.S. DOJ—ENRD, P.O.
1–19 of the ’131 patent; and whether an Box 7611, Washington, DC
Issued: May 18, 2018.
industry in the United States exists as 20044–7611.
Lisa Barton,
required by subsection (a)(2) of section
337; Secretary to the Commission. During the public comment period,
(2) For the purpose of the [FR Doc. 2018–11008 Filed 5–22–18; 8:45 am] the consent decree may be examined
investigation so instituted, the following BILLING CODE 7020–02–P and downloaded at this Justice
are hereby named as parties upon which Department website: https://
this notice of investigation shall be www.justice.gov/enrd/consent-decrees.
served: DEPARTMENT OF JUSTICE We will provide a paper copy of the
(a) The complainants are: consent decree upon written request
NEC Corporation, 7–1, Shiba 5-chome, Notice of Lodging of Proposed and payment of reproduction costs.
Minatao-ku,, Tokyo 108–8001, Japan Consent Decree Under the Please mail your request and payment
NEC Corporation of America, 3929 W. Comprehensive Environmental to: Consent Decree Library, U.S. DOJ—
John Carpenter Freeway, Irving, TX Response, Compensation, and Liability ENRD, P.O. Box 7611, Washington, DC
75063–2909 Act 20044–7611.
(b) The respondents are the following On May 16, 2018, the Department of Please enclose a check or money order
entities alleged to be in violation of Justice lodged a proposed consent for $146.25 (25 cents per page
section 337, and are the parties upon decree with the United States District reproduction cost) payable to the United
which the complaint is to be served: Court for the Southern District of States Treasury. For a paper copy
Xtera, Inc., 500 West Bethany Drive, Georgia in the lawsuit entitled United without the exhibits and signature
Allen, TX 75013, States v. Hercules LLC, Civil Action No. pages, the cost is $17.25.
MC Assembly, LLC, 425 North Drive, 2:18–cv–00062–LGW–RSB. Henry S. Friedman,
Melbourne, FL 32934 The United States, on behalf of the Assistant Section Chief, Environmental
MC Test Services, Inc., 425 North Drive, U.S. Environmental Protection Agency Enforcement Section, Environment and
Melbourne, FL 32934 (EPA), filed this lawsuit under the Natural Resources Division.
(c) The Office of Unfair Import Comprehensive Environmental [FR Doc. 2018–10983 Filed 5–22–18; 8:45 am]
Investigations, U.S. International Trade Response, Compensation, and Liability BILLING CODE 4410–15–P
Commission, 500 E Street SW, Suite Act (CERCLA). The complaint seeks
401, Washington, DC 20436; and performance of interim response action
(3) For the investigation so instituted, at the outfall of the Terry Creek Dredge
the Chief Administrative Law Judge, Spoil Areas/Hercules Outfall Site DEPARTMENT OF LABOR
U.S. International Trade Commission, (‘‘Site’’) in Brunswick, in Glynn County,
Employment and Training
shall designate the presiding Georgia. The outfall is known as
Administration
Administrative Law Judge. ‘‘Operable Unit 1,’’ one of three operable
Responses to the complaint and the units at the Site. The complaint also Employment and Training
notice of investigation must be seeks recovery of the United States’ past Administration (ETA) Program Year
submitted by the named respondents in response costs and future response costs (PY) 2018 Workforce Innovation and
daltland on DSKBBV9HB2PROD with NOTICES
accordance with section 210.13 of the at the Site. Opportunity Act (WIOA) Section 167,
Commission’s Rules of Practice and The proposed consent decree requires National Farmworker Jobs Program
Procedure, 19 CFR 210.13. Pursuant to defendant Hercules LLC to implement (NFJP) Proposed Modifications to
19 CFR 201.16(e) and 210.13(a), such the interim remedy selected by EPA for Allotment Formula
responses will be considered by the Operable Unit 1, which is estimated to
Commission if received not later than 20 cost $4,488,450. The consent decree also AGENCY:Employment and Training
days after the date of service by the requires the defendant to pay Administration, Labor.
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Document Created: 2018-05-22 23:48:42
Document Modified: 2018-05-22 23:48:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 23936 |
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