Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17639

1The record is defined in sec. 207.2(f) of the

Commission’s Rules of Practice and Procedure (19

CFR 207.2(f)).

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–397]

Certain Dense Wavelength Division

Multiplexing Systems and Components

Thereof; Notice of Investigation

AGENCY: U.S. International Trade

Commission.

ACTION: Institution of investigation

pursuant to 19 U.S.C. 1337.

SUMMARY: Notice is hereby given that a

complaint was filed with the U.S.

International Trade Commission on

February 18, 1997, under section 337 of

the Tariff Act of 1930, as amended, 19

U.S.C. 1337, on behalf of Ciena

Corporation, 8530 Corridor Road,

Savage, MD 20763. On March 13, 1997,

the Commission extended by two weeks

the thirty-day period for determining

whether to institute an investigation

based on the complaint. On March 17,

1997, Ciena filed an amended

complaint. Supplementary letters were

filed on March 21 and 25, 1997. The

complaint, as amended and

supplemented, alleges violations of

section 337 in the importation into the

United States, the sale for importation,

and the sale within the United States

after importation of certain dense

wavelength division multiplexing

systems and components thereof by

reason of infringement of claims 1–7 of

U.S. Letters Patent 5,557,439 and claims

1–10 of U.S. Letters Patent 5,504,609.

The complaint further alleges that there

exists an industry in the United States

as required by subsection (a)(2) of

section 337.

The complainant requests that the

Commission institute an investigation

and, after the investigation, issue a

permanent exclusion order and a

permanent cease and desist order.

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.

FOR FURTHER INFORMATION CONTACT:

Thomas S. Fusco, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2571.

AUTHORITY: The authority for institution

of this investigation is contained in

section 337 of the Tariff Act of 1930, as

amended, and in section 210.10 of the

Commission’s Rules of Practice and

Procedure, 19 CFR § 210.10 (1996).

Scope of Investigation

Having considered the complaint, the

U.S. International Trade Commission,

on April 1, 1997, 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 dense wavelength

division multiplexing systems or

components thereof by reason of

infringement of claims 1–7 of U.S.

Letters Patent 5,557,439 or claims 1–10

of U.S. Letters Patent 5,504,609, and

whether there exists an industry in the

United States 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 complainant is: Ciena

Corporation, 8530 Corridor Road,

Savage, MD 20763.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

Pirelli, S.p.A., Viale Sarca 222, 20126

Milano (Milan), Italy

Pirelli Cavi, S.p.A., Optical

Communications Systems, Viale

Sarca 222, 20126 Milano (Milan),

Italy

Pirelli Cable Corporation, 705 Industrial

Drive, Lexington, SC 29072

(c) Thomas S. Fusco, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, SW., Room 401–O, Washington,

DC 20436, who shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Sidney Harris is

designated as 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(d) and 210.13(a), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

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 both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: April 2, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary,

[FR Doc. 97–9179 Filed 4–9–97; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 731–TA–760

(Preliminary)]

Needle Bearing Wire From Japan

Determination

On the basis of the record 1 developed

in the subject investigation, the United

States International Trade Commission

determines, pursuant to section 733(a)

of the Tariff Act of 1930 (19 U.S.C.

1673b(a)), that there is no reasonable

indication that an industry in the

United States is materially injured or

threatened with material injury, or that

the establishment of an industry in the

United States is materially retarded, by

reason of imports from Japan of needle

bearing wire, provided for in

subheading 7229.90.50 of the

Harmonized Tariff Schedule of the

United States, that are alleged to be sold

in the United States at less than fair

value (LTFV).

Background

On February 14, 1997, a petition was

filed with the Commission and the

Department of Commerce by E.C.D. Inc.,

Hillside, NJ, alleging that an industry in

the United States is materially injured

and threatened with material injury by