[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8106-8107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3803]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-623]


In the Matter of Certain R-134a Coolant (Otherwise Known as 
1,1,1,2-Tetrafluoroethane); Enforcement Proceeding; Order

    The Commission instituted this investigation on December 31, 2007, 
based on a complaint filed by INEOS Fluor Holdings Ltd., INEOS Fluor 
Ltd., and INEOS Fluor Americas L.L.C. (``INEOS''). The complaint 
alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) 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 various claims of United States Patent No. 
5,744,658. Complainants subsequently added allegations of infringement 
with regard to United States Patent Nos. 5,382,722 and 5,559,276. The 
complaint named two respondents, Sinochem Modern Environmental 
Protection Chemicals (Xi'an) Co., Ltd. and Sinochem Ningbo Ltd. Two 
additional respondents were subsequently added: Sinochem Environmental 
Protection Chemicals (Taicang) Co., Ltd. and Sinochem (U.S.A.) Inc.
    On August 18, 2008, respondents moved for partial termination of 
the investigation based on the entry of a consent order specific to 
respondents' ``old'' process. On August 20, 2008, the administrative 
law judge (``ALJ'') issued an initial determination (``ID'') granting 
the motion and terminating the investigation with respect to the 
``old'' process. On September 11, 2008, the Commission issued notice of 
its decision not to review the ID and issued the subject consent order.
    On December 12, 2008, INEOS filed a complaint, requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate an alleged violation of the consent order 
relating to the ``old'' process. The complaint named a single 
respondent, Sinochem Environmental Protection Chemicals (Taicang) Co. 
Ltd. (``Sinochem (Taicang)'').
    Having examined INEOS's complaint seeking a formal enforcement 
proceeding and having found that the complaint complies with the 
requirements for institution of formal enforcement proceedings in 
accordance with Commission Rule 210.75, the Commission has determined 
to institute a formal enforcement proceeding to determine whether 
Sinochem (Taicang) is in violation of the Commission's consent order in 
the above-captioned investigation, and what, if any, enforcement 
measures are appropriate.
    Accordingly, the Commission hereby orders that:
    1. Pursuant to Commission Rule 210.75(b), 19 CFR 210.75(b), a 
formal enforcement proceeding is instituted to determine whether 
Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. is in 
violation of the Commission's consent order issued in the above-
captioned investigation, and

[[Page 8107]]

what if any enforcement measures are appropriate.
    2. For purposes of the enforcement proceeding so instituted, the 
following are parties to the proceeding:
    Complainants:

INEOS Fluor Holdings Ltd., The Heath, Runcorn, Cheshire, WA74QX, United 
Kingdom;
INEOS Fluor Ltd., The Heath, Runcorn, Cheshire, WA74QX, United Kingdom;
INEOS Fluor Americas L.L.C., 4990 B IC1 Road, St. Gabriel, LA 70776.

    Respondent:

Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd., South 
Binjiang Road, Petrochemical Industrial Section, Taicang Port 
Development Zone, Taicang, Jiangsu 215433, China.

    A Commission investigative attorney to be designated by the 
Director, Office of Unfair Import Investigations.
    3. The formal enforcement proceeding is hereby certified to the 
chief ALJ, Chief Judge Paul J. Luckern, who shall designate a presiding 
ALJ for this proceeding for issuance of an enforcement initial 
determination (``EID''). The presiding ALJ is directed to set a target 
date for completion of these proceedings within forty-five (45) days of 
institution in accordance with 19 CFR 210.51(a).
    4. The presiding ALJ, in his discretion, may conduct any 
proceedings he deems necessary, including issuing a protective order, 
holding hearings, taking evidence, and ordering discovery consistent 
with Commission rules to issue his EID. The EID will rule on the 
question of whether Sinochem (Taicang) has violated the September 11, 
2008 consent order issued in the above-captioned investigation. All 
defenses not barred by claim preclusion may be raised in this 
proceeding. The presiding ALJ shall also recommend to the Commission 
what enforcement measures are appropriate if Sinochem (Taicang) is 
found to violate the Commission's consent order. The presiding ALJ, in 
his discretion, may also conduct any proceedings he deems necessary, 
including taking evidence and ordering discovery, to issue his 
recommendations on appropriate enforcement measures.
    5. Petitions for review of the EID may be filed within fourteen 
(14) days of service of the EID. Responses to any petitions for review 
may be filed within seven (7) days of service of any petitions for 
review.
    6. Notwithstanding Commission Rule 210.75(b)(3), the EID shall 
become the Commission's final determination sixty (60) days after 
service of the EID, unless the Commission orders review or changes the 
deadline for determining whether to review it.
    7. The Secretary shall:
    (a) Docket INEOS's complaint for a formal enforcement proceeding;
    (b) Serve a copy of INEOS's ``Complaint to Enforce Consent Order 
Pursuant to Commission Rule 210.75'' on the proposed respondent and 
advise Sinochem (Taicang) of the provisions of Commission Rule 210.75 
concerning responses to a request for a formal enforcement proceeding;
    (c) Serve a copy of this order upon each party to the formal 
enforcement proceeding;
    (d) Publish notice of this order in the Federal Register.

    By Order of the Commission.

    Issued: February 18, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-3803 Filed 2-20-09; 8:45 am]
BILLING CODE 7020-02-P