June 20, 2012
News Release 12-070
Inv. No. 337-TA-849
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN RUBBER RESINS AND PROCESSES FOR MANUFACTURING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rubber resins and processes for manufacturing same. The products at issue in this investigation are synthetic rubber resins, including tackifiers used in the manufacture of tires.
The investigation is based on a complaint filed by SI Group, Inc., of Schenectady, NY, on May 21, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the misappropriation of trade secrets asserted by SI Group, Inc., and the importation into the United States and sale of certain rubber resins, including "tackifier" ("tackifiers") made using trade secrets asserted by SI Group, Inc. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
RedAvenue Chemical Corp. of America of Rochester, NY;
Thomas R. Crumlish, Jr., of Rochester, NY;
Precision Measurement International LLC of Westland, MI;
Sino Legend (Zhangjiagang) Chemical Co., Ltd., of China;
Sino Legend Holding Group, Inc., of the British Virgin Islands;
Sino Legend Holding Group Limited of Hong Kong;
HongKong Sino Legend Group Ltd. of Hong Kong;
Red Avenue Chemical Co. Ltd. of the British Virgin Islands;
Ning Zhang of Canada;
Quanhai Yang of of China; and
Shanghai Lunsai International Trading Company of China.
By instituting this investigation (337-TA-849), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.