83 FR 37516 - Certain Subsea Telecommunication 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 Reflect a Corporate Name Change

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 148 (August 1, 2018)

Page Range		37516-37517
FR Document		2018-16485

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 21) of the presiding administrative law judge (``ALJ''), granting complainant's unopposed motion for leave to amend the complaint and notice of investigation to reflect the corporate name change of complainant Neptune Subsea Acquisitions Ltd. to Xtera Topco Ltd.

Federal Register, Volume 83 Issue 148 (Wednesday, August 1, 2018)

[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37516-37517]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-16485]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1098]

Certain Subsea Telecommunication 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 Reflect a Corporate Name Change

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. 21) of the presiding administrative law judge
(``ALJ''), granting complainant's unopposed motion for leave to amend
the complaint and notice of investigation to reflect the corporate name
change of complainant Neptune Subsea Acquisitions Ltd. to Xtera Topco
Ltd.

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,

[[Page 37517]]

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 claims 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 Nokia
Corporation of Espoo, Finland; Nokia Solutions and Networks B.V. of
Hoofddorp, The Netherlands; Nokia Solutions and Networks Oy of Espoo,
Finland; Alcatel-Lucent Submarine Networks SAS of Boulogne-Billancourt,
France; Nokia Solutions and Networks US LLC of Phoenix, Arizona; NEC
Corporation of Tokyo, Japan; NEC Networks & System Integration
Corporation of Tokyo, Japan; and NEC Corporation of America of Irving,
Texas as respondents. The Office of Unfair Import Investigations was
named as a party in this investigation.
On May 30, 2018, the complainants filed an unopposed motion for
leave to amend the complaint and notice of investigation to reflect a
corporate name change of one of the complainants from Neptune Subsea
Acquisitions Ltd. to Xtera Topco Ltd.
On July 10, 2018, the ALJ issued the subject ID, granting
complainants' unopposed motion. The ALJ found that good cause exists to
amend the complaint and notice of investigation and that there was no
evidence that the proposed amendment would harm the public interest or
prejudice to the parties in the investigation. No petitions for review
were filed.
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: July 27, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16485 Filed 7-31-18; 8:45 am]
BILLING CODE 7020-02-P

37516 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices

INTERNATIONAL TRADE 1 of the Sherman Act; and (3) INTERNATIONAL TRADE
COMMISSION monopolization in violation of Section 2 COMMISSION
of the Sherman Act, the threat or effect
[Investigation No. 337–TA–1105] [Investigation No. 337–TA–1098]
of which is to destroy or substantially
Certain Programmable Logic injure a domestic industry in the United Certain Subsea Telecommunication
Controller (PLCs), Components States, or to restrain or monopolize Systems and Components Thereof;
Thereof, and Products Containing trade and commerce in the United Commission Determination Not To
Same; Commission Determination Not States. Id. The notice of investigation Review an Initial Determination
To Review an Initial Determination names Rockwell Automation, Inc. of Granting a Motion for Leave To Amend
Granting a Motion of Non-Party North Milwaukee, Wisconsin as respondent. the Complaint and Notice of
Coast To Intervene Id. The Office of Unfair Import Investigation To Reflect a Corporate
Investigations was also named as a party Name Change
AGENCY: U.S. International Trade
Commission. to the investigation. Id. AGENCY: U.S. International Trade
ACTION: Notice. On May 25, 2018, Radwell filed a Commission.
motion requesting the ALJ to certify to ACTION: Notice.
SUMMARY: Notice is hereby given that the Commission a request for judicial
the U.S. International Trade enforcement of a subpoena duces tecum SUMMARY: Notice is hereby given that
Commission has determined not to directed to non-party North Coast. On the U.S. International Trade
review an initial determination (‘‘ID’’) June 8, 2018, pursuant to Commission Commission has determined not to
(Order No. 10) granting a motion of non- rules 210.15 and 210.19 (19 CFR 210.15, review an initial determination (‘‘ID’’)
party North Coast Electric Company 210.19), North Coast filed an unopposed (Order No. 21) of the presiding
(‘‘North Coast’’) to intervene in the motion to intervene for the limited administrative law judge (‘‘ALJ’’),
above-captioned investigation. purpose of submitting an opposition to granting complainant’s unopposed
FOR FURTHER INFORMATION CONTACT: the pending motion to certify, along motion for leave to amend the
Megan M. Valentine, Office of the with the opposition. No party filed a complaint and notice of investigation to
General Counsel, U.S. International reflect the corporate name change of
response concerning the motion to
Trade Commission, 500 E Street SW, complainant Neptune Subsea
intervene.
Washington, DC 20436, telephone 202– Acquisitions Ltd. to Xtera Topco Ltd.
708–2301. Copies of non-confidential On July 9, 2018, the ALJ issued the FOR FURTHER INFORMATION CONTACT:
documents filed in connection with this subject ID, granting North Coast’s Amanda Pitcher Fisherow, Esq., Office
investigation are or will be available for motion to intervene. The ALJ found that of the General Counsel, U.S.
inspection during official business North Coast’s interests are directly at International Trade Commission, 500 E
hours (8:45 a.m. to 5:15 p.m.) in the issue in the investigation and that no Street SW, Washington, DC 20436,
Office of the Secretary, U.S. party would suffer prejudice as a result telephone (202) 205–2737. Copies of
International Trade Commission, 500 E of North Coast’s intervention for the non-confidential documents filed in
Street SW, Washington, DC 20436, limited purpose of opposing the motion connection with this investigation are or
telephone 202–205–2000. General to certify. No petitions for review were will be available for inspection during
information concerning the Commission filed. official business hours (8:45 a.m. to 5:15
may also be obtained by accessing its The Commission has determined not p.m.) in the Office of the Secretary, U.S.
internet server (https://www.usitc.gov). to review the subject ID. International Trade Commission, 500 E
The public record for this investigation Street SW, Washington, DC 20436,
may be viewed on the Commission’s The authority for the Commission’s telephone (202) 205–2000. General
electronic docket (EDIS) at https:// determination is contained in section information concerning the Commission
edis.usitc.gov. Hearing-impaired 337 of the Tariff Act of 1930, as may also be obtained by accessing its
persons are advised that information on amended (19 U.S.C. 1337), and in Part internet server at https://www.usitc.gov.
this matter can be obtained by 210 of the Commission’s Rules of The public record for this investigation
contacting the Commission’s TDD Practice and Procedure (19 CFR part may be viewed on the Commission’s
terminal on 202–205–1810. 210). electronic docket (EDIS) at https://
SUPPLEMENTARY INFORMATION: The By order of the Commission. edis.usitc.gov. Hearing-impaired
Commission instituted this investigation persons are advised that information on
Issued: July 27, 2018.
on March 29, 2018, based on a this matter can be obtained by
Lisa Barton, contacting the Commission’s TDD
complaint filed by Radwell
International, Inc., of Willingboro, New Secretary to the Commission. terminal on (202) 205–1810.
Jersey (‘‘Radwell’’). 83 FR 13515–16 [FR Doc. 2018–16483 Filed 7–31–18; 8:45 am] SUPPLEMENTARY INFORMATION: The
(Mar. 29, 2018). The complaint alleges BILLING CODE 7020–02–P Commission instituted this investigation
violations of section 337 of the Tariff on January 26, 2018, based on a
Act of 1930, as amended, 19 U.S.C. complaint, as supplemented, filed on
1337, in the importation into the United behalf of Neptune Subsea Acquisitions
States, the sale for importation, and the Ltd. of the United Kingdom; Neptune
sale within the United States after Subsea IP Ltd. of the United Kingdom;
sradovich on DSK3GMQ082PROD with NOTICES

importation of certain programmable and Xtera, Inc. of Allen, Texas
logic controllers (PLCs), components (‘‘complainants’’). 83 FR 3370 (Jan. 26,
thereof, and products containing same 2018). The complaint, as supplemented,
by reason of: (l) A conspiracy to fix alleges violations of Section 337 of the
resale prices in violation of Section l of Tariff Act of 1930, as amended, 19
the Sherman Act; (2) a conspiracy to U.S.C. 1337 (‘‘section 337’’), based upon
boycott resellers in violation of Section the importation into the United States,

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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37517

the sale for importation, and the sale INTERNATIONAL TRADE countervailing and antidumping duty
within the United States after COMMISSION orders on certain pasta from Italy and
importation of certain subsea Turkey (72 FR 58052). Following third
[Investigation Nos. 701–TA–365–366 and
telecommunication systems and 731–TA–734–735 (Fourth Review)]
five-year reviews by Commerce and the
components thereof by reason of Commission, effective September 17,
infringement of one or more claims of Certain Pasta From Italy and Turkey; 2013, Commerce issued a continuation
U.S. Patent No. 8,380,068; U.S. Patent Institution of Five-Year Reviews of the countervailing and antidumping
No. 7,860,403; U.S. Patent No. duty orders on certain pasta from Italy
AGENCY: United States International and Turkey (78 FR 57129). The
8,971,171; U.S. Patent No. 8,351,798;
Trade Commission. Commission is now conducting fourth
and U.S. Patent No. 8,406,637. The
ACTION: Notice. reviews pursuant to section 751(c) of the
complaint further alleges that an
industry in the United States exists as Act, as amended (19 U.S.C. 1675(c)), to
SUMMARY: The Commission hereby gives determine whether revocation of the
required by section 337. The Notice of notice that it has instituted reviews orders would be likely to lead to
Investigation named Nokia Corporation pursuant to the Tariff Act of 1930 (‘‘the continuation or recurrence of material
of Espoo, Finland; Nokia Solutions and Act’’), as amended, to determine injury to the domestic industry within
Networks B.V. of Hoofddorp, The whether revocation of the antidumping a reasonably foreseeable time.
Netherlands; Nokia Solutions and and countervailing duty orders on Provisions concerning the conduct of
Networks Oy of Espoo, Finland; Alcatel- certain pasta from Italy and Turkey this proceeding may be found in the
Lucent Submarine Networks SAS of would be likely to lead to continuation Commission’s Rules of Practice and
Boulogne-Billancourt, France; Nokia or recurrence of material injury. Procedure at 19 CFR parts 201, subparts
Solutions and Networks US LLC of Pursuant to the Act, interested parties A and B and 19 CFR part 207, subparts
Phoenix, Arizona; NEC Corporation of are requested to respond to this notice A and F. The Commission will assess
Tokyo, Japan; NEC Networks & System by submitting the information specified the adequacy of interested party
Integration Corporation of Tokyo, Japan; below to the Commission. responses to this notice of institution to
and NEC Corporation of America of DATES: Instituted August 1, 2018. To be determine whether to conduct full or
Irving, Texas as respondents. The Office assured of consideration, the deadline expedited reviews. The Commission’s
of Unfair Import Investigations was for responses is August 31, 2018. determinations in any expedited
named as a party in this investigation. Comments on the adequacy of responses reviews will be based on the facts
may be filed with the Commission by available, which may include
On May 30, 2018, the complainants October 16, 2018. information provided in response to this
filed an unopposed motion for leave to FOR FURTHER INFORMATION CONTACT: notice.
amend the complaint and notice of Mary Messer (202–205–3193), Office of Definitions.—The following
investigation to reflect a corporate name Investigations, U.S. International Trade definitions apply to these reviews:
change of one of the complainants from Commission, 500 E Street SW, (1) Subject Merchandise is the class or
Neptune Subsea Acquisitions Ltd. to Washington, DC 20436. Hearing- kind of merchandise that is within the
Xtera Topco Ltd. impaired persons can obtain scope of the five-year reviews, as
On July 10, 2018, the ALJ issued the information on this matter by contacting defined by the Department of
subject ID, granting complainants’ the Commission’s TDD terminal on 202– Commerce.
unopposed motion. The ALJ found that 205–1810. Persons with mobility (2) The Subject Countries in these
good cause exists to amend the impairments who will need special reviews are Italy and Turkey.
complaint and notice of investigation assistance in gaining access to the (3) The Domestic Like Product is the
and that there was no evidence that the Commission should contact the Office domestically produced product or
proposed amendment would harm the of the Secretary at 202–205–2000. products which are like, or in the
public interest or prejudice to the General information concerning the absence of like, most similar in
Commission may also be obtained by characteristics and uses with, the
parties in the investigation. No petitions
accessing its internet server (https:// Subject Merchandise. In its original and
for review were filed.
www.usitc.gov). The public record for subsequent five-year review
The Commission has determined not this proceeding may be viewed on the determinations, the Commission
to review the ID. Commission’s electronic docket (EDIS) defined the Domestic Like Product as all
The authority for the Commission’s at https://edis.usitc.gov. dry pasta. One Commissioner defined
determination is contained in section SUPPLEMENTARY INFORMATION: the Domestic Like Product differently in
337 of the Tariff Act of 1930, as Background.—On July 24, 1996, the the original and expedited first five-year
amended (19 U.S.C. 1337), and in Part Department of Commerce issued review determinations.
210 of the Commission’s Rules of countervailing and antidumping duty (4) The Domestic Industry is the U.S.
Practice and Procedure (19 CFR part orders on imports of certain pasta from producers as a whole of the Domestic
210). Italy and Turkey (61 FR 38544). Like Product, or those producers whose
Following first five-year reviews by collective output of the Domestic Like
By order of the Commission. Commerce and the Commission, Product constitutes a major proportion
Issued: July 27, 2018. effective November 16, 2001, Commerce of the total domestic production of the
issued a continuation of the product. In its original and subsequent
sradovich on DSK3GMQ082PROD with NOTICES

Lisa Barton,
Secretary to the Commission. countervailing and antidumping duty five-year review determinations, the
[FR Doc. 2018–16485 Filed 7–31–18; 8:45 am] orders on imports of certain pasta from Commission defined the Domestic
BILLING CODE 7020–02–P
Italy and Turkey (66 FR 57703). Industry as all domestic producers of
Following second five-year reviews by dry pasta. One Commissioner defined
Commerce and the Commission, the Domestic Industry differently in the
effective October 12, 2007, Commerce original and expedited first five-year
issued a continuation of the review determinations.

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Document Created: 2018-08-01 01:23:24
Document Modified: 2018-08-01 01:23:24

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		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.
FR Citation		83 FR 37516