[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3624-3625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01109]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-Ta-849]


Certain Rubber Resins and Processes for Manufacturing Same; 
Commission Determination To Affirm-in-Part and Reverse-in-Part the 
Final Initial Determination of the Administrative Law Judge and To 
Terminate the Investigation With a Finding of Violation With Respect to 
Certain Respondents; Issuance of Limited Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm-in-part and reverse-in-part the 
final initial determination (``final ID'') of the administrative law 
judge (``ALJ'') in the above-identified investigation and to terminate 
the investigation with a finding of violation with respect to certain 
respondents. The Commission has issued a limited exclusion order.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3065. 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 June 26, 2012, based on a complaint filed on behalf of SI Group, 
Inc. of Schenectady, New York (``SI Group'') on May 21, 2012, as 
supplemented on June 12, 2012. 77 FR 38083-84 (June 26, 2012). The 
complaint alleged violations of Section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337 (``Section 337''), in the sale for 
importation, importation, or sale after importation into the United 
States of certain rubber resins 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. The Commission's notice of 
investigation named as respondents Red Avenue Chemical Corp. of America 
of Rochester, New York; Thomas R. Crumlish, Jr. of Rochester, New York; 
Precision Measurement International LLC of Westland, Michigan; Sino 
Legend (Zhangjiagang) Chemical Co., Ltd. of Zhangjiagang City, China; 
Sino Legend Holding Group, Inc. c/o Mr. Richard A. Peters of Kowloon, 
Hong Kong; Sino Legend Holding Group Ltd. of Hong Kong; HongKong Sino 
Legend Group, Ltd. of North Point, Hong Kong; Red Avenue Chemical Co. 
Ltd. of Shanghai, China; Ning Zhang of North Vancouver, Canada; Quanhai 
Yang of Beijing, China; and Shanghai Lunsai International Trading 
Company of Shanghai City, China. A Commission investigative attorney 
participated in this investigation.
    On January 14, 2013, the Commission issued notice of its 
determination not to review an ID to amend the complaint and notice of 
investigation to add Red Avenue Group Limited of Kowloon, Hong Kong; 
Sino Legend Holding Group Inc. of Majuro, Marshall Islands; Gold 
Dynasty Limited c/o ATC Trustees (Cayman) Limited of Grand Cayman, 
Cayman Islands; Elite Holding Group Inc. c/o Morgan & Morgan Trust 
Corporation (Belize) Limited of Belize City, Belize as respondents. 78 
FR 3817-18 (January 17, 2013).
    On June 17, 2013, the presiding ALJ issued his final ID, finding a 
violation of Section 337. On July 1, 2013, SI and the Respondents filed 
petitions for review. On July 9, 2013, SI, the Respondents, and the 
Commission investigative attorney filed responses thereto. On July 16, 
2013, Respondents filed a notice of new authority. On July 24, 2013, 
the Complainant submitted an objection to the notice of new authority.
    The following parties and members of the public have submitted 
statements on the public interest: the Complainant (July 17, 2013); the 
New York State Chemical Alliance (August 14, 2013); and the American 
Chemistry Council (August 14, 2013).
    On September 9, 2013, the Commission issued notice of its 
determination to review the final ID in its entirety and to solicit 
briefing on the issues on review and on remedy, the public interest, 
and bonding. 78 FR 56734-36 (Sept. 13, 2013). On September 23, 2013, 
each of the parties filed a written submission, and on September 30, 
2013, each of the parties filed a reply submission.

[[Page 3625]]

    After considering the written submissions on review and the record 
in this investigation, the Commission has determined to affirm-in-part 
and reverse-in-part the final ID of the ALJ and to terminate the 
investigation with a finding of violation of Section 337. Specifically, 
the Commission has found the following respondents in violation: 
Precision Measurement International LLC of Westland, Michigan; Sino 
Legend (Zhangjiagang) Chemical Co., Ltd. of Zhangjiagang City, China; 
Sino Legend Holding Group, Inc. of Kowloon, Hong Kong; Sino Legend 
Holding Group Ltd. of Hong Kong; Red Avenue Chemical Co. Ltd. of 
Shanghai, China; Shanghai Lunsai International Trading Company of 
Shanghai City, China; Red Avenue Group Limited of Kowloon, Hong Kong; 
and Sino Legend Holding Group Inc. of Majuro, Marshall Islands. After 
considering the submissions of the parties on remedy, the public 
interest, and bonding, the Commission has determined to issue a limited 
exclusion order for a period of ten (10) years prohibiting the 
unlicensed importation of rubber resins made using any of the SP-1068 
Rubber Resin Trade Secrets that are manufactured by, for, or on behalf 
of violating respondents or any of their affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or their successors or assigns. The Commission has determined 
that the public interest factors of 19 U.S.C. 1337(d) do not preclude 
the issuance of a remedy. The Commission has further determined that 
the covered products may be imported during the period of Presidential 
review pursuant to 19 U.S.C. 1337(j) under bond in the amount of 19% of 
entered value.
    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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

     Dated: January 15, 2014.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-01109 Filed 1-21-14; 8:45 am]
BILLING CODE 7020-02-P