[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40733-40734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11364]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-533]


In the Matter of Certain Rubber Antidegradants, Components 
Thereof, and Products Containing Same; Final Commission Determination 
Regarding Violation; Issuance of Limited Exclusion Order; Termination 
of Investigation

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 terminate the above-captioned 
investigation with a finding of violation of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'') by two 
respondents and issuance of a limited exclusion order.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090. Copies of the 
public version of the Commission's opinion 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, 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://www.usitc.gov/secretary/edis.htm. 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 section 337 
investigation on March 29, 2005, based on a complaint filed by Flexsys 
America LP (``Flexsys''). 70 FR 15885 (March 29, 2005). The complaint, 
as supplemented, alleged 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 rubber antidegradants, components thereof, and products 
containing same that infringe claims 30 and 61 of U.S. Patent No. 
5,117,063 (``the '063 patent''), claims 7 and 11 of U.S. Patent No. 
5,608,111 (``the '111 patent''), and claims 1, 32, and 40 of U.S. 
Patent No. 6,140,538 (``the '538 patent''). The complaint and notice of 
investigation named five respondents. The investigation was 
subsequently terminated as to two respondents and as to the '538 
patent.
    On February 17, 2006, the ALJ issued his final ID finding a 
violation of section 337 by respondents Sinorgchem Co., Shandong, 
(``Sinorgchem'') and Sovereign Chemical Company (``Sovereign''), but 
finding no violation of section 337 by respondent Korea Kumho 
Petrochemical Co., Ltd. (``KKPC''). The ALJ recommended that the 
Commission issue limited exclusion orders, but did not recommend that 
any bond be imposed for importations during the Presidential review 
period. All parties petitioned for review of various parts of the final 
ID.
    On April 13, 2006, the Commission issued notice that it had 
determined to review the final ID in its entirety and received review 
submissions from all the parties, including submissions on remedy, 
public interest, and bonding. The Commission also received submissions 
from three non-parties. Respondent KKPC moved to strike these three 
submissions as well as Attachment 1 to Flexsys' initial review 
submission. KKPC also moved for leave to file a reply to Flexsys' 
response to its motion to strike.

[[Page 40734]]

    Having examined the relevant portions of the record in this 
investigation, including the ALJ's initial and recommended 
determinations, the written submissions on the issues on review and on 
remedy, public interest, and bonding, and the replies thereto, the 
Commission determined (1) That there is a violation of section 337 by 
Sinorgchem and Sovereign, but no violation by KKPC; (2) to not reach 
the licensing and estoppel defenses raised by KKPC; (3) that the 
appropriate remedy for the violation by Sinorgchem and Sovereign is a 
limited exclusion order; and (4) to deny as moot KKPC's motion to 
strike and its motion for leave to file a reply.
    The Commission also determined that the public interest factors 
enumerated in section 337(d) do not preclude the issuance of the 
aforementioned remedial order and that no bond should be set for 
importation during the Presidential review period. The Commission's 
remedial order was delivered to the United States Trade Representative 
on the date of its issuance.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, the Administrative Procedure Act, 
and sections 210.41-51 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.41-51.

    By order of the Commission.

    Issued: July 13, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-11364 Filed 7-17-06; 8:45 am]
BILLING CODE 7020-02-P