[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74326-74327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25275]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-623]


In the Matter of: Certain R-134a Coolant (Otherwise Known as 
1,1,1,2-Tetrafluoroethane); Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 20, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
INEOS Fluor Limited of the United Kingdom and INEOS Fluor Americas LLC 
of St. Gabriel, Louisiana. A supplemental letter and amended complaint, 
which included another complainant, INEOS Fluor Holdings Limited of the 
United Kingdom, were filed on December 13, 2007. The complaint, as 
supplemented and amended, alleges violations of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain R-134a 
coolant (otherwise known as 1,1,1,2-tetrafluoroethane) by reason of 
infringement of the claims of U.S. Patent No. 5,744,658. The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.

[[Page 74327]]

    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, supplement, and amended complaint, except for 
any confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000. 
Hearing impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server at 
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.

FOR FURTHER INFORMATION CONTACT: Erin Joffre, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2550.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2007).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 19, 2007, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain R-134a 
coolant (otherwise known as 1,1,1,2-tetrafluoroethane) by reason of 
infringement of claims 1 and 2 of U.S. Patent No. 5,744,658, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

INEOS Fluor Holdings Limited, The Heath, Runcorn, Cheshire, WA74QX, 
United Kingdom.
INEOS Fluor Limited, The Heath, Runcorn, Cheshire, WA74QX, United 
Kingdom.
INEOS Fluor Americas LLC, 4990 B ICI Road, St. Gabriel, LA 70776.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

SinoChem Modern Environmental, Protection Chemicals (Xi'an) Co., Ltd., 
(Corporation China), Jinhe Industrial Area, Xi'an Economic-
Technological, Development Zone, Xi'an, 710201, Shaanxi, China.
SinoChem Ningbo Ltd., 21 Jiangixia Str., Ningbo, 315000, Zhejiang, 
China.

    (c) The Commission investigative attorney, party to this 
investigation, is Erin Joffre, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401E, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
cease and desist order or both directed against the respondent.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-25275 Filed 12-28-07; 8:45 am]
BILLING CODE 7020-02-P