[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39719-39720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15607]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-652]


In the Matter of Certain Rubber Antidegradants, Antidegradant 
Intermediates, and Products Containing the Same; 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 May 12, 2008, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Flexsys America L.P. of St. Louis, Missouri. A supplement to the 
complaint was filed on June 2, 2008. On June 2, 2008, the Commission 
voted to extend by 30 days the deadline for its decision on whether to 
institute an investigation based on the complaint. 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 rubber 
antidegradants, antidegradant intermediates, and products containing 
the same that infringe certain claims of U.S. Patent Nos. 5,453,541 and 
5,608,111. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests 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: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2572.
    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 (2008).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 2, 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 rubber 
antidegradants, antidegradant intermediates, or products containing the 
same that infringe one or more of claims 61-74 of U.S. Patent No. 
5,453,541 and claims 23-28 of U.S. Patent No. 5,608,111, 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 complainant is--

Flexsys America L.P., 575 Maryville Centre, St. Louis, Missouri 63141.

    (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:

Sinorgchem Co., Shandong, No. 1, Beihuan Road, Caoxian, Shandong, China 
274400;
Korea Kumho Petrochemical Co., Ltd., 15/16F Kumho-Asiana Building, 
57, 1-Ga, Shinmun-Ro, Jongro-Gu, Seoul, South Korea;
Kumho Tire USA, Inc., 10299 6th Street, Rancho Cucamonga, California 
91730;
Kumho Tire Co., Inc., 58-31, 1-Ga, Shinmun-Ro, Jongro-Gu, Seoul, South 
Korea.

    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, 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

[[Page 39720]]

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 a 
cease and desist order or both directed against the respondent.
    The Commission notes that the patents at issue were the subject of 
earlier litigation, which raises the question of whether the 
complainant is precluded from asserting those patents. In instituting 
this investigation, the Commission has not made any determination as to 
whether the complainant is so precluded. Accordingly, the presiding 
administrative law judge may wish to consider this issue at an early 
date. Any such decision should be issued in the form of an initial 
determination (ID). The ID will become the Commission's final 
determination 45 days after the date of service of the ID unless the 
Commission determines to review the ID. Any petitions for review of the 
ID must be filed within ten (10) days after service thereof. Any review 
will be conducted in accordance with Commission Rules 210.43, 210.44, 
and 210.45, 19 CFR 210.43, 210.44, and 210.45.

    By order of the Commission.

    Issued: July 3, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-15607 Filed 7-9-08; 8:45 am]
BILLING CODE 7020-02-P