[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15887-15888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8531]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-397]
In the Matter of Certain Dense Wavelength Division Multiplexing
Systems and Components Thereof; Notice of a Commission Determination
Not To Review an Initial Determination Terminating the Investigation on
the Basis of a Consent Order; Issuance of Consent Order
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 the presiding administrative
law judge's (``ALJ's'') initial determination (``ID'') granting the
parties'' joint motion to terminate the above-captioned investigation
on the basis of a consent order.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone (202)
205-3107.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 2, 1997, based on a complaint filed by CIENA Corporation in
which CIENA alleged that Pirelli S.p.A., Pirelli Cavi S.p.A., and
Pirelli Cable Corp. (collectively ``Pirelli'') violated section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by importing into
the United States, selling for importation, and/or selling in the
United States after importation certain dense wavelength division
multiplexing systems or components that infringe certain claims of
CIENA's U.S. Letters Patent 5,557,439 and/or U.S. Letters Patent
5,504,609.
On November 25, 1997, CIENA and Pirelli filed a joint motion to
terminate the investigation by consent order. The Commission
investigative attorney (``IA'') responded that he would support the
joint motion if certain modifications
[[Page 15888]]
were made. On December 24, 1997, movants supplemented their joint
motion by filing a revised proposed consent order. The IA responded
that he would now support termination of the investigation on the basis
of the revised consent order and consent order stipulation.
On March 5, 1998, the presiding administrative law judge (``ALJ'')
issued an ID (Order No. 6) terminating the investigation on the basis
of the revised consent order. None of the parties, including the IA,
filed a petition to review the ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule
210.42, 19 CFR 210.42. Copies of the ALJ's ID and all other
nonconfidential 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, S.W., Washington, D.C.
20436, telephone 202-205-2000. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov).
Issued: March 24, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-8531 Filed 3-31-98; 8:45 am]
BILLING CODE 7020-02-P
