[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56734-56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22263]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-849]
Certain Rubber Resins and Processes for Manufacturing Same;
Commission Determination To Review the Final Initial Determination of
the Administrative Law Judge; Schedule for Filing Written Submissions
on Review
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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[[Page 56735]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the final initial determination
(``final ID'' or ``ID'') in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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 SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov).
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://edis.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: The Commission instituted this investigation
on June 26, 2012, based on a complaint on behalf of SI Group, Inc. of
Schenectady, New York (``SI Group'' or ``SI'') on May 21, 2012, as
supplemented on June 12, 2012. 77 FR 38083 (June 26, 2012). The
complaint alleged violations of Section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (``Section 337''), in the sale for
importation, importation, or sale after importation into the United
States of certain rubber resins by reason of misappropriation of trade
secrets, the threat or effect of which is to destroy or substantially
injure an industry in the United States. The Commission's notice of
investigation named as respondents Red Avenue Chemical Corp. of America
of Rochester, New York; Thomas R. Crumlish, Jr. of Rochester, New York;
Precision Measurement International LLC of Westland, Michigan; Sino
Legend (Zhangjiagang) Chemical Co., Ltd. of Zhangjiagang City, China;
Sino Legend Holding Group, Inc. c/o Mr. Richard A. Peters of Kowloon,
Hong Kong; Sino Legend Holding Group Ltd. of Hong Kong; Hong Kong Sino
Legend Group, Ltd. of North Point, Hong Kong; Red Avenue Chemical Co.
Ltd. of Shanghai, China; Ning Zhang of North Vancouver, Canada; Quanhai
Yang of Beijing, China; and Shanghai Lunsai International Trading
Company of Shanghai City, China. A Commission investigative attorney is
participating in this investigation.
On January 14, 2013, the Commission issued notice of its
determination not to review an ID to amend the complaint and notice of
investigation to add Red Avenue Group Limited of Kowloon, Hong Kong;
Sino Legend Holding Group Inc. of Majuro, Marshall Islands; Gold
Dynasty Limited c/o ATC Trustees (Cayman) Limited of Grand Cayman,
Cayman Islands; and Elite Holding Group Inc. c/o Morgan & Morgan Trust
Corporation (Belize) Limited of Belize City, Belize as respondents. 78
FR 3817 (January 17, 2013).
On June 17, 2013, the presiding administrative law judge issued his
final ID, finding a violation of Section 337. On July 1, 2013, SI and
the Respondents filed petitions for review. On July 9, 2013, SI, the
Respondents, and the Commission investigative attorney filed responses
thereto.
On July 16, 2013, Respondents filed a notice of new authority. On
July 24, 2013, the Complainant submitted an objection to the notice of
new authority.
The following parties and members of the public have submitted
statements on the public interest: The Complainant (July 17, 2013); the
New York State Chemical Alliance (August 13, 2013); and the American
Chemistry Council (August 14, 2013).
After considering the ID and the relevant portions of the record,
the Commission has determined to review the ID in its entirety.
The parties should brief their positions on the issues under review
with reference to the applicable law and the evidentiary record. In
connection with its review, the Commission is particularly interested
in responses to the following questions:
[CONFIDENTIAL BUSINESS INFORMATION DELETED]
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in a
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 9
(December 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the United States
Trade Representative, as delegated by the President, has 60 days to
approve or disapprove the Commission's action. See Presidential
Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this
period, the subject articles would be entitled to enter the United
States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding. Complainant and the Commission investigative
attorney are also requested to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to state the
date that the patents expire and the HTSUS subheadings under which the
accused products are imported. The written submissions and proposed
remedial orders must be filed no later than close of business on
September 23, 2013. Reply submissions must be filed no later than the
close of business on September 30, 2012. The written submissions must
be no longer than 50
[[Page 56736]]
pages and the reply submissions must be no longer than 25 pages. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must do so in accordance with
Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic
filing. The original document and 8 true copies thereof must also be
filed on or before the deadlines stated above with the Office of the
Secretary. Any person desiring to submit a document to the Commission
in confidence must request confidential treatment unless the
information has already been granted such treatment during the
proceedings. All such requests should be directed to the Secretary of
the Commission and must include a full statement of the reasons why the
Commission should grant such treatment. See 19 CFR 210.6. Documents for
which confidential treatment by the Commission is sought will be
treated accordingly. All non-confidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
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: September 9, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22263 Filed 9-12-13; 8:45 am]
BILLING CODE 7020-02-P