[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9179]



[[Page 17639]]

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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.

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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 Sec. 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