June 18, 2013
News Release 13-055
Inv. No. 337-TA-883
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN OPAQUE POLYMERS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain opaque polymers. The products at issue in this investigation are opaque polymers for uses including the manufacture of paints, and in the building, packing, leather, and textile industries.
The investigation is based on a complaint filed by Rohm and Haas Company of Philadelphia, PA; Rohm and Haas Chemicals LLC of Philadelphia, PA; and The Dow Chemical Company of Midland, MI on May 20, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain opaque polymers that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Organik Kimya San. ve Tic. A.S of Istanbul, Turkey;
Organik Kimya Netherlands B.V. of Rotterdam-Botlek, Netherlands;
Organik Kimya US, Inc., of Burlington, MA;
Turk International LLC of Aptos, CA; and
Aalborz Chemical LLC d/b/a All Chem of Grand Rapids, MI.
By instituting this investigation (337-TA-883), 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.