[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64505-64506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22545]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-933; (Advisory Opinion)]


Certain Stainless Steel Products, Certain Processes for 
Manufacturing or Relating to Same, and Certain Products Containing 
Same; Notice of the Issuance of an Advisory Opinion

AGENCY: U.S. International Trade Commission.

[[Page 64506]]


ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue an advisory opinion in the above-
captioned investigation. The Commission concurrently issues the 
advisory opinion and terminates the advisory opinion proceeding.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2737. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 October 10, 2014, based on a complaint filed by Valbruna Slater 
Stainless, Inc. of Fort Wayne, Indiana; Valbruna Stainless Inc., of 
Fort Wayne, Indiana; and Acciaierie Valbruna S.p.A. of Italy 
(collectively, ``Valbruna''). 79 FR 61339 (Oct. 10, 2014). The 
complaint alleged violations of section 337 of the Tariff Act of 1930, 
as amended, 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 stainless steel products, certain processes for 
manufacturing or relating to same, and certain products containing same 
by reason of the misappropriation of trade secrets, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States. Id. The notice of investigation named as respondents 
Viraj Profiles Limited of Mumbai, India (``Viraj''); Viraj Holdings P. 
Ltd. of Mumbai, India; Viraj--U.S.A., Inc. of Garden City, New York; 
Flanschenwerk Bebitz GmbH of K[ouml]nnern, Germany; Bebitz Flanges 
Works Pvt. Ltd. of Maharashtra, India; Bebitz U.S.A. of Garden City, 
New York; and Ta Chen Stainless Pipe Co., Ltd. of Tainan, Taiwan and Ta 
Chen International, Inc. of Long Beach, California. Id. The Office of 
Unfair Import Investigations also was named as a party to the 
investigation. Id.
    On December 8, 2015, the administrative law judge (``ALJ'') (Judge 
Essex) issued an initial determination (``ID'') (Order No. 17) finding 
Viraj in default for spoliation of evidence and ordering the 
disgorgement of complainants' operating practices in Viraj's 
possession. On February 8, 2016, the Commission determined to review 
Order No. 17, and, in its notice of review, determined to affirm the 
default finding against Viraj. 81 FR 7584 (Feb. 12, 2016). The 
Commission also requested briefing from the parties on certain other 
issues on review, and requested briefing from the parties, interested 
government agencies, and any other interested persons on the issues of 
remedy, the public interest, and bonding. Id.
    On April 4, 2016, the Commission determined not to review an ID 
(Order No. 19) granting Valbruna's motion for partial termination of 
the investigation based on withdrawal of the complaint against all 
respondents except Viraj. Notice (Apr. 4, 2016).
    On May 25, 2016, the Commission modified the reasoning underlying 
the default finding in Order No. 17 and vacated the ID's disgorgement 
order. The Commission terminated the investigation with a finding of 
violation of section 337 as to Viraj. The Commission also issued a 
limited exclusion order and a cease and desist order.
    On June 22, 2016, Viraj filed a request for an advisory opinion 
pursuant to Commission Rule 210.79. On July 6, 2016, Valbruna opposed 
the request. On July 13, 2016, Viraj filed a motion for leave to file a 
reply to Valbruna's opposition. On July 21, 2016, Valbruna filed an 
opposition to Viraj's motion. The Commission grants Viraj's motion.
    The Commission has determined that Viraj's request complies with 
the requirements for issuance of an advisory opinion under Commission 
Rule 210.79. Accordingly, the Commission has determined to issue an 
advisory opinion.
    Having considered the parties' filings, the Commission has 
determined that Viraj has not provided sufficient information to 
determine whether any stainless steel products sought to be imported by 
Viraj would be covered by the limited exclusion order. The Commission's 
opinion on violation requires that Viraj establish ``that specific 
products that it seeks to import are not manufactured using any of the 
trade secrets identified in Valbruna's complaint.'' Comm'n Op. at 31. 
Here, Viraj has not provided sufficient information to establish that 
specific stainless steel products would be manufactured without the 
benefit of Valbruna's trade secrets. The reasons for the Commission's 
determinations are set forth in the accompanying Advisory Opinion.
    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).

    By order of the Commission.

    Issued: September 14, 2016.
Katherine Hiner,
Acting Supervisory Attorney.
[FR Doc. 2016-22545 Filed 9-19-16; 8:45 am]
 BILLING CODE 7020-02-P