April 22, 2008
News Release 08-036
Inv. No. 337-TA-644
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN COMPOSITE WEAR COMPONENTS AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain composite wear components and products containing the same. The products at issue in this investigation are employed in equipment and plants for grinding, crushing, and conveying various abrasive materials.

The investigation is based on a complaint filed by Magotteaux International S/A of Belgium and Magotteaux, Inc., of Franklin, TN, on March 24, 2008. A letter supplementing the complaint was filed on April 11, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation and sale of certain composite wear components and products containing the same that infringe a patent owned by the complainants. The complainants request that the ITC issue an exclusion order and cease and desist orders.

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

By instituting this investigation (337-TA-644), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Theodore R. Essex, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Essex 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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