February 28, 2008
News RElease 08-017
Inv. No. 337-TA-635
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN PESTICIDES AND PRODUCTS CONTAINING CLOTHIANIDIN

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain pesticides and products containing clothianidin. The products at issue in this investigation are used in agricultural applications, particularly the treatment of plant seeds to control insects.

The investigation is based on a complaint filed by Sumitomo Chemical Co. Ltd. of Japan and Valent U.S.A. Corporation of Walnut Creek, CA, on January 31, 2008. A supplement to the complaint was filed on February 19, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain pesticides and products containing clothianidin that infringe a patent owned by Sumitomo. The complainants request that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified the following as respondents in this investigation:

Syngenta AG of Switzerland;
Syngenta India Ltd. of India;
Syngenta Corp. of Wilmington, DE;
Syngenta Seeds Inc. of Golden Valley, MN;
Syngenta Crop Protection Inc. of Greensboro, NC;
Garst Seed Co. of Slater, IA; and
Golden Harvest Seeds, Inc., of Waterloo, NE.

By instituting this investigation (337-TA-635), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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