[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8114-8115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3421]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-655]


In the Matter of Certain Cast Steel Railway Wheels, Processes for 
Manufacturing or Relating to Same and Certain Products Containing Same 
; Issuance of a Limited Exclusion Order and Cease and Desist Orders; 
Termination of 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 issued a limited exclusion order as well as cease and 
desist orders directed to cast steel railway wheels and products 
containing same manufactured by or for Respondents using any of the 
trade secrets asserted in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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: The Commission instituted this investigation 
on September 16, 2008, based on a complaint filed on August 14, 2008, 
by Amsted Industries Incorporated of Chicago, Illinois (``Amsted''). 73 
FR 53441-42 (Sept. 16, 2008). The complaint alleged 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 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, Inc. of Park Ridge, Illinois 
(``SCT''); and Barber Tianrui Railway Supply, LLC of Park Ridge, 
Illinois (``Barber'').
    On October 16, 2009, the Administrative Law Judge (``ALJ'') issued 
his final initial determination (``ID'') finding a violation of section 
337 by respondents. He found that Amsted owns the asserted trade 
secrets, the ABC Trade Secrets, and that respondents misappropriated 
the trade secrets via disclosure by former employees of Amsted's 
predecessors, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. On October 29, 
2009, the ALJ issued his recommended determination (``RD'') on remedy 
and bonding. The ALJ recommended that the Commission issue a limited 
exclusion order as well as cease and desist orders directed to 
respondents found in violation of section 337. He further recommended 
that the

[[Page 8115]]

Commission set a bond of five percent of entered value of accused 
products imported 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 on November 2, 2009, and complainant Amsted filed a contingent 
petition for review that same day. 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 to Amsted's petition 
on November 10. The Commission investigative attorneys (``IAs'') filed 
responses to the various petitions for review on November 10. The IAs 
did not petition for review of the ID.
    On December 17, 2009, the Commission determined not to review the 
ID and requested briefing on remedy, the public interest, and bonding. 
74 FR 68282-83 (Dec. 23, 2009). On December 29, 2009, the parties 
submitted written submissions on the issues for which the Commission 
requested further briefing, and submitted replies to the written 
submissions on January 6, 2010.
    Having reviewed the record in this investigation, including the ID 
and the parties' written submissions, the Commission has determined 
that the appropriate remedy is a limited exclusion order lasting a 
period of ten (10) years as well as cease and desist orders, lasting 
the same period, directed to Respondents. The limited exclusion order 
prohibits the entry of cast steel railway wheels and products 
containing same, manufactured using any of the asserted ABC Trade 
Secrets by or on behalf of, or imported by or on behalf of, 
Respondents, or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns, for consumption in the United States. The cease and desist 
orders prohibit Respondents from importing, selling, marketing, 
advertising, distributing, offering for sale, transferring (except for 
exportation), soliciting U.S. agents or distributors, or aiding or 
abetting other entities in the importation, sale for importation, sale 
after importation, transfer (except for exportation), or distribution 
of cast steel railway wheels and products containing the same 
manufactured using any of the asserted ABC Trade Secrets.
    The Commission further determines that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) do not 
preclude issuance of the limited exclusion order. Finally, the 
Commission determines that a bond of five percent of the entered value 
is required to permit temporary importation during the period of 
Presidential review (19 U.S.C. 1337(j)) of cast steel railway wheels 
and products containing the same that are subject to the order. The 
Commission's order and opinion were delivered to the President and to 
the United States Trade Representative on the day of their issuance.
    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 210.50 of the Commission's Rules of Practice and Procedure, 
19 CFR 210.50.

    Issued: February 16, 2010.

    By order of the Commission.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-3421 Filed 2-22-10; 8:45 am]
BILLING CODE 7020-02-P