[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68282-68283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30509]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-655]
In the Matter of Certain Cast Railway Wheels, Certain Processes
for Manufacturing or Relating to Same and Certain Products Containing
Same; Notice of Commission Determination Not To Review a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions Regarding Remedy, Bonding, and the Public Interest
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 a final initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') finding a
violation of section 337 in the above-captioned investigation, and is
requesting written submissions regarding remedy, bonding, and the
public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC 20436. Copies of all
nonconfidential 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 the matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 16, 2008, based on a complaint filed on August 14, 2008,
by Amsted Industries Incorporated (``Amsted'') of Chicago, Illinois. 73
FR. 53441-53442 (Sept. 16, 2008). The complaint alleges violations of
section 337 in 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
[[Page 68283]]
trade secrets, the threat or effect of which is to substantially injure
an industry in the United States. The complaint named four respondents:
Tianrui Group Company Limited of China; Tianrui Group Foundry Company
Limited of China (collectively ``Tianrui''); Standard Car Truck Company
(``SCT''), Inc. of Park Ridge, Illinois; and Barber Tianrui Railway
Supply, LLC (``Barber'') of Park Ridge, Illinois.
On October 16, 2009, the ALJ issued his final ID finding a
violation of section 337 by respondents. He also issued his
recommendation on remedy and bonding during the period of Presidential
review. On October 30, 2009, SCT and Barber (``SCT-Barber'') filed a
joint petition for review of the final ID. Tianrui filed a petition for
review and complainant Amsted filed a contingent petition for review on
November 2, 2009. Amsted filed responses to SCT-Barber's and Tianrui's
petitions on November 9 and 10, respectively, and SCT-Barber and
Tianrui filed their responses on November 10. The Commission
investigative attorneys filed responses to the three petitions on
November 10. The Commission has determined not to review the subject
ID.
In connection with the final disposition of this investigation, the
Commission may issue an order that results in the exclusion of the
subject articles from entry into the United States. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
When the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
When the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See section 337(j), 19 U.S.C.
1337(j) and the Presidential Memorandum of July 21, 2005, 70 FR 43251
(July 26, 2005). During this period, the subject articles are entitled
to enter the United States under bond, in an amount determined by the
Commission. The Commission is therefore interested in receiving
submissions concerning the amount of the bond that should be imposed if
a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding, and such submissions should address the recommended
determination by the ALJ on remedy and bonding. The complainant and the
IA are also requested to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to state the
HTSUS numbers under which the accused articles are imported. The
written submissions and proposed remedial orders must be filed no later
than close of business on December 29, 2009. Reply submissions must be
filed no later than the close of business on January 6, 2010. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and
in sections 210.42-210.46 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.42-210.46.
By order of the Commission.
Issued: December 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30509 Filed 12-22-09; 8:45 am]
BILLING CODE 7020-02-P