[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Page 87891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25694]



[[Page 87891]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1399 (Rescission)]


Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch 
Cords, Products Containing the Same, and Components Thereof; Notice of 
Commission Determination To Institute a Rescission Proceeding; 
Rescission of Three Consent Orders; Terminations of the Rescission 
Proceeding

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 to institute a rescission proceeding and to 
grant a petition to rescind three consent orders issued in the 
underlying investigation. The rescission proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 
<a href="/cdn-cgi/l/email-protection#97d2d3dec4a4dff2fbe7d7e2e4fee3f4b9f0f8e1"><span class="__cf_email__" data-cfemail="9dd8d9d4ceaed5f8f1eddde8eef4e9feb3faf2eb">[email protected]</span></a>. 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: On April 26, 2024, the Commission instituted 
this investigation based on a complaint, as supplemented, filed on 
behalf of US Conec, Ltd., of Hickory, North Carolina (``US Conec''). 89 
FR 32459-60 (Apr. 26, 2024). The complaint alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain fiber-optic connectors, adapters, jump cables, patch cords, 
products containing the same, and components thereof that infringe 
certain claims of U.S. Patent Nos. 11,733,466; 11,808,994; 11,906,794; 
11,880,075; 11,385,415 and 10,495,823. Id. at 32459. The complaint also 
alleged that a domestic industry exists. Id. The Commission's notice of 
investigation names as respondents Senko Advance Co., Ltd. of Yokkaichi 
City, Japan and Senko Advanced Components, Inc. of Hudson, 
Massachusetts (``the Senko Respondents''); Eaton Corp. of Dublin, 
Ireland; Tripp Lite Holdings, Inc. of Woodridge, Illinois; FS.com Inc. 
of New Castle, Delaware; Infinite Electronics, Inc. of Irvine, 
California; L-com, Inc. of North Andover, Massachusetts; Sumitomo 
Electric Industries, Ltd. of Osaka, Japan; Sumitomo Electric Lightwave 
Corp. of Raleigh, North Carolina; Sumitomo Electric U.S.A., Inc. of 
Torrance, California; EZconn Corp. of New Taipei City, Taiwan; 
Flexoptix GmbH of Darmstadt, Germany; Shenzhen UnitekFiber Solution 
Ltd. of Shenzhen, China; Hubbell Inc. of Shelton, Connecticut; Hubbell 
Premise Wiring, Inc. of Shelton, Connecticut; Shenzhen IH Optics Co., 
Ltd. of Shenzhen, China; Rayoptic Communication Co., Ltd., of Shenzhen, 
China; and HuNan Surfiber Technology Co., Ltd. of Changsha, China. Id. 
at 32460. The Office of Unfair Import Investigations (``OUII'') 
participated in this investigation. Id.
    The investigation was terminated with respect to all respondents 
based on the entry of consent orders, settlement, or the withdrawal of 
the complaint. As relevant to the petition for rescission, The 
Commission previously terminated the investigation in part based on the 
entry of consent orders with respect to the following respondents: 
FS.com Inc., Order No. 15 (Jun. 25, 2024), unreviewed by Comm'n Notice 
(Jul. 24, 2024); Shenzhen IH Optics Co., Ltd., Order No. 16 (Jun. 26, 
2024), unreviewed by Comm'n Notice (Jul. 24, 2024); Flexoptix GmbH, 
Order No. 17 (Jun. 26, 2024), unreviewed by Comm'n Notice (Jul. 24, 
2024). The Commission also previously terminated the investigation in 
part based on settlement with respect to the Senko Respondents. Order 
No. 34 (Sept. 24, 2024), unreviewed by Comm'n Notice (Oct. 11, 2024)
    On October 2, 2024, US Conec and the Senko Respondents jointly 
petitioned the Commission to rescind the consent orders issued against 
the following respondents: Shenzhen IH Optics Co., Flexoptics GmbH, and 
FS.Com Inc. (``the Consent Order Respondents''). US Conec and the Senko 
Respondents argue that the settlement agreement between US Conec and 
the Senko Respondents authorized the Consent Order Respondents to 
conduct the activities prohibited by the respective consent orders, and 
that such authorization was a change in fact warranting a rescission of 
those consent orders. They also represented that other than the 
settlement agreement between US Conec and the Senko Respondents, 
``there are no other agreements, written or oral, express or implied 
between the parties concerning the subject matter of the 
investigation.'' Petition at 1-2. On October 15, 2024, OUII filed a 
response supporting the petition to rescind the three consent orders. 
No other responses to the petition were filed.
    Having reviewed US Conec's and the Senko Respondents' unopposed 
petition seeking to rescind the consent orders, and OUII's response, 
the Commission has determined to institute a recission proceeding and 
finds that the conditions which led to the issuance of the consent 
orders no longer exist. The Commission, therefore, finds that granting 
the petition to rescind those three consent orders is warranted under 
section 337(k)(1) (19 U.S.C. 1337(k)(1)). The Commission also finds 
that the requirements of Commission Rule 210.76(a) (19 CFR 210.76(a)) 
are satisfied. Accordingly, the Commission has determined to grant the 
petition to rescind the consent orders issued against the Consent Order 
Respondents. The Commission Order issued concurrently herewith rescinds 
those consent orders. The rescission proceeding is terminated.
    The Commission vote for this determination took place on October 
30, 2024.
    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: October 31, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-25694 Filed 11-4-24; 8:45 am]
BILLING CODE 7020-02-P


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