[Federal Register Volume 73, Number 115 (Friday, June 13, 2008)]
[Notices]
[Page 33850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13335]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-635]


In the Matter of Certain Pesticides and Products Containing 
Clothianidin; Notice of Commission Determination Not To Review an 
Initial Determination of the Administrative Law Judge Terminating the 
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 not to review the initial determination 
(``ID'') (Order No. 5) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 
337'').

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) 205-1810.

SUPPLEMENTARY INFORMATION: On March 4, 2008, the Commission instituted 
this investigation based upon a complaint filed January 31, 2008, and 
supplemented February 19, 2008, on behalf of Sumitomo Chemical Co. Ltd. 
(Tokyo, Japan) and Valent U.S.A. Corporation (Walnut Creek, California) 
(collectively, ``Complainants''). The complaint alleged 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 pesticides and products containing clothianidin 
that infringe claims 1 and 9 of U.S. Patent No. 5,034,404. The 
complainants named as respondents Syngenta AG (Basel, Switzerland), 
Syngenta India Ltd. (Mumbai, India), Syngenta Corp. (Wilmington, 
Delaware), Syngenta Seeds, Inc. (Golden Valley, Minnesota), Syngenta 
Crop Protection Inc., (Greensboro, North Carolina), Garst Seed Co. 
(Slater, Iowa), and Golden Harvest Seeds, Inc. (Waterloo, Nebraska) 
(collectively, ``Respondents'').
    On March 31, 2008, Respondents filed a motion to terminate, or 
alternatively, stay the investigation based on an arbitration clause in 
a license agreement. On April 10, 2008, Complainants filed a response 
in opposition to the motion. On April 15, 2008, the Commission 
investigative attorney (``IA'') filed a response in support of the 
motion. On April 15, 2008, the Respondents filed a reply to the 
opposition. On April 21, 2008, Complainants filed a reply.
    On May 8, 2008, the ALJ issued the subject ID, granting the motion 
to terminate the investigation.
    On May 15, 2008, Complainants' filed a petition for review of the 
ID. On May 22, 2008, the Respondents and the IA filed responses to the 
petition for review.
    Having examined the relevant portions of the record in this 
investigation, including the ID, the petition for review, and the 
responses thereto, the Commission has determined not to review the 
subject ID. The investigation is hereby terminated.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    Issued: June 9, 2008.

By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-13335 Filed 6-12-08; 8:45 am]
BILLING CODE 7020-02-P