[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55826-55827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22137]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-914]
Certain Sulfentrazone, Sulfentrazone Compositions, and Processes
for Making Sulfentrazone; Notice of the Commission's Determination
Denying Complainant's Motion for Temporary Relief
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 to affirm with modifications the initial
determination (``ID'') of the presiding administrative law judge
(``ALJ'') denying the complainant's motion for temporary relief.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 April 14, 2014, based on a complaint filed by FMC Corporation
(``FMC'') on March 5, 2014. 79 FR 20907-08. The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain sulfentrazone active ingredient and
formulated sulfentrazone compositions made by a process that infringes
certain claims of U.S. Patent No. 7,169,952 (``the '952 patent''). The
Commission's notice of investigation named as respondents Beijing
Nutrichem Science and Technology Stock Co., Ltd., of Beijing, China
(``Beijing Nutrichem''); Summit Agro USA, LLC, of Cary, North Carolina;
Summit Agro North America, Holding Corporation of New York, New York
(together, ``Summit''); and Jiangxi Heyi Chemicals Co. Ltd. of Jiujiang
City, China (``Heyi''). Id. at 20908. The ALJ later granted FMC's
motion to amend the complaint and notice of investigation to replace
Beijing Nutrichem with Nutrichem Co., Ltd. (``Nutrichem''). Order No. 9
(May 29, 2014), not reviewed June 23, 2014. The Office of Unfair Import
Investigations is also a party to the investigation.
FMC filed a motion for a temporary exclusion order and a temporary
cease and desist order against Summit, Heyi, and Nutrichem
(``Respondents'') along with its Complaint. On August 12, 2014, the ALJ
issued an ID denying FMC's motion. The ALJ found that FMC had not shown
that any of the temporary relief factors weighed in favor of granting
temporary relief. The ALJ found that FMC had not shown that it was
likely to succeed on the merits because FMC had not shown that it would
likely succeed on the issues of invalidity, infringement, the technical
prong of the domestic industry requirement, or the economic prong of
the domestic industry requirement. The ALJ also found that FMC had not
shown
[[Page 55827]]
irreparable harm if temporary relief is not granted, that the balance
of hardships favor granting temporary relief, or that the public
interest favors granting temporary relief.
On August 22, 2014, FMC filed comments contending that the ALJ made
numerous errors of law and fact in the ID. On August 26, 2014,
Respondents and the Commission investigative attorney filed responses
contending that the ALJ did not err.
Having examined the record of this investigation, including the
ALJ's ID and the submissions from the parties, the Commission has
determined that FMC has not proven that it is entitled to temporary
relief. The Commission affirms the ALJ's findings with certain modified
reasoning. A Commission Opinion will issue shortly.
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 11, 2014.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-22137 Filed 9-16-14; 8:45 am]
BILLING CODE 7020-02-P