[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53441-53442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21588]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
In the Matter of: Certain Cast Steel Railway Wheels, Certain
Processes for Manufacturing or Relating to Same and Certain Products
Containing Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 14, 2008, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Amsted Industries Incorporated of Chicago, Illinois. A letter
supplementing the complaint was filed on September 2, 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 cast
steel railway wheels and certain products containing same by reason of
misappropriation of trade secrets, the threat or effect of
[[Page 53442]]
which is to substantially injure an industry in the United States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The complaint and supplement, 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: Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2579.
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 September 10, 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)(A) 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 cast steel
railway wheels or certain products containing same by reason of
misappropriation of trade secrets, the threat or effect of which is to
destroy or substantially injure an industry in the United States;
(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--
Amsted Industries Incorporated, Two Prudential Plaza, 180 North
Stetson Street, Suite 1800, Chicago, Illinois 60601.
(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:
Tianrui Group Company Limited, 63 East Guangcheng Road, Ruzhou, Henan,
467500, China.
Tianrui Group Foundry Company Limited, Bus Station South, Linru Town,
Ruzhou, Henan, 467541, China.
Standard Car Truck Company, Inc., 865 Busse Highway, Park Ridge,
Illinois 60068-2359.
Barber Tianrui Railway Supply, LLC, 865 Busse Highway, Park Ridge,
Illinois 60068-2359.
(c) The Commission investigative attorney, party to this
investigation, is Jeffrey T. Hsu, 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, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate 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
a cease and desist order or both directed against the respondent.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-21588 Filed 9-15-08; 8:45 am]
BILLING CODE 7020-02-P