[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11678-11679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4074]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-635]


In the Matter of Certain Pesticides and Products Containing 
Clothianidin; 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 January 31, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Sumitomo Chemical Co. Ltd. of Japan and Valent U.S.A. Corporation of 
Walnut Creek, California. A supplement to the complaint was filed on 
February 19, 2008. The complaint, as supplemented, alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain pesticides and products containing clothianidin 
that infringe certain claims of U.S. Patent

[[Page 11679]]

No. 5,034,404. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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: Vu Q. Bui, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2582.

    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 February 27, 2008, 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 pesticides 
or products containing clothianidin that infringe one or more of claims 
1 and 9 of U.S. Patent No. 5,034,404, 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--

Sumitomo Chemical Co. Ltd., Tokyo Sumitomo Twin Building (East), 27-1, 
Shinkawa 2-chome, Chuo-ku, Tokyo 104-8260, Japan.
Valent U.S.A. Corporation, 1600 Riviera Ave., Suite 200, Walnut Creek, 
California 94596.

    (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:

Syngenta AG, Schwarzwaldallee 215, 4058 Basel, Switzerland.
Syngenta India Ltd., Crop Protection Sector, Royal Insurance Building, 
14, J. Tata Road, Mumbai 400 020, India.
Syngenta Corp., 2200 Concord Pike, Wilmington, Delaware 19803.
Syngenta Seeds Inc., 7500 Olson Memorial Highway, Golden Valley, 
Minnesota 55427.
Syngenta Crop Protection Inc., 410 S. Swing Rd., Greensboro, North 
Carolina 27409.
Garst Seed Co., 2369 330th Street, Slater, Iowa 50244.
Golden Harvest Seeds, Inc., 100JC Robinson Blvd., Waterloo, Nebraska 
68130.

    (c) The Commission investigative attorney, party to this 
investigation, is Vu Q. Bui, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock 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.

    Issued: February 27, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary for the Commission.
[FR Doc. E8-4074 Filed 3-3-08; 8:45 am]
BILLING CODE 7020-02-P