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NEWS RELEASE 98-032; MAY 12, 1998 May 12, 1998
News Release 98-032
Inv. No. 337-TA-410

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN COATED OPTICAL WAVEGUIDE FIBERS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain coated optical waveguide fibers and products containing same. The products at issue in this investigation are optical fibers, and cables containing those fibers, that are utilized for world-wide digital communications. Optical fiber facilitates high speed, high quality, and high volume transmission of data.

The investigation is based on a complaint filed by Corning Incorporated of Corning, NY, on April 9, 1998. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain coated optical waveguide fibers and products containing same made by a process that infringes a U.S. patent owned by Corning. In its complaint, Corning requests that the ITC issue a permanent limited exclusion order and a permanent cease and desist order barring the importation into and sale within the United States of the allegedly infringing products.

The ITC has identified the following companies as respondents in the investigation:

Plasma Optical Fibre, B.V., of Eindhoven, The Netherlands, and
Chromatic Technologies, Inc., of Franklin, MA.

By instituting this investigation (337-TA-410), the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge, who will schedule and hold an evidentiary hearing. The administrative law judge will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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