[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Pages 15611-15612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04446]


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INTERNATIONAL TRADE COMMISSION

[Investigation. No. 337-TA-1391]


Certain Network Equipment Supporting NETCONF; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 19, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Optimum 
Communications Services, Inc. of Jersey City, New Jersey. Supplements 
to complaint were filed on February 2 and 5, 2024. The complaint, as 
supplemented, alleges violations of 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 network 
equipment supporting NETCONF by reason of the infringement of certain 
claims of U.S. Patent No. 10,567,474 (``the '474 patent'') and U.S. 
Patent No. 10,848,546 (``the '546 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a general exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#4a0f0e031979022f263a0a3f39233e29642d253c"><span class="__cf_email__" data-cfemail="95d0d1dcc6a6ddf0f9e5d5e0e6fce1f6bbf2fae3">[email protected]</span></a>. 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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    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 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 27, 2024, 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, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 2, and 4-7 of the '474 patent; and claims 1-3 and 5-9 of the 
'546 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; \1\
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    \1\ Commissioner Kearns does not vote to institute the 
investigation for the reasons set forth in his memo expressing his 
separate views (Memo No. CO87-UU-005).

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[[Page 15612]]

    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``[o]ptical line 
termination (OLT) and optical network unit/terminal (ONU/ONT) 
equipment, and subassemblies thereof, for passive optical networks that 
support NETCONF, conforming to internet standards IETF RFCs 6241 
(NETCONF) and its companion RFC 7950 (YANG), as well as applicable 
modules and updates for them'';
    (3) 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 complainant is:

Optimum Communications Services, Inc., 344 Grove Street #242, Jersey 
City, NJ 07302

    (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:

Changsha Silun Network Technology Co., Ltd., Address 6007, South Tower, 
Building 1b, Changsha Headquarters Base, Jinhai Road, Changsha, Hunan, 
China 410123

Hunan Maiqiang Network Technology Company Limited, Address Room 2002, 
Building 3, Changfang Tianyi Future City, No. 298, Shuguang Middle Rd., 
Changsha, Hunan, China 410021

Hunan Zikun Information Technology Co., Ltd., Address 6th Floor, 
Changsha Headquarters Base, Jinhai Rd, Yuhua District, Changsha, Hunan, 
China 410123

Guangzhou Qiton Electronics Technology Co., Ltd., Address Room 405, 27-
3, Yuanxiatian 4th Road, Yongping Street, Guangzhou, Guangdong, China 
510420

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: February 27, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04446 Filed 3-1-24; 8:45 am]
BILLING CODE 7020-02-P


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