[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Pages 56734-56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22263]



[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.


[[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) 

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 
    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:


    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

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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 
    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]