[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39719-39720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy08-83]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-652]
In the Matter of Certain Rubber Antidegradants, Antidegradant
Intermediates, and Products Containing the Same; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 12, 2008, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Flexsys America L.P. of St. Louis, Missouri. A supplement to the
complaint was filed on June 2, 2008. On June 2, 2008, the Commission
voted to extend by 30 days the deadline for its decision on whether to
institute an investigation based on the complaint. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain rubber
antidegradants, antidegradant intermediates, and products containing
the same that infringe certain claims of U.S. Patent Nos. 5,453,541 and
5,608,111. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000. General information concerning the Commission may also be
obtained by accessing its internet server at http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2572.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2008).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 2, 2008, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain rubber
antidegradants, antidegradant intermediates, or products containing the
same that infringe one or more of claims 61-74 of U.S. Patent No.
5,453,541 and claims 23-28 of U.S. Patent No. 5,608,111, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--
Flexsys America L.P., 575 Maryville Centre, St. Louis, Missouri 63141.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Sinorgchem Co., Shandong, No. 1, Beihuan Road, Caoxian, Shandong, China
274400;
Korea Kumho Petrochemical Co., Ltd., 15/16F Kumho-Asiana Building,
57, 1-Ga, Shinmun-Ro, Jongro-Gu, Seoul, South Korea;
Kumho Tire USA, Inc., 10299 6th Street, Rancho Cucamonga, California
91730;
Kumho Tire Co., Inc., 58-31, 1-Ga, Shinmun-Ro, Jongro-Gu, Seoul, South
Korea.
(c) The Commission investigative attorney, party to this
investigation, is Juan Cockburn, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the
[[Page 39720]]
right to appear and contest the allegations of the complaint and this
notice, and to authorize the administrative law judge and the
Commission, without further notice to the respondent, to find the facts
to be as alleged in the complaint and this notice and to enter an
initial determination and a final determination containing such
findings, and may result in the issuance of an exclusion order or a
cease and desist order or both directed against the respondent.
The Commission notes that the patents at issue were the subject of
earlier litigation, which raises the question of whether the
complainant is precluded from asserting those patents. In instituting
this investigation, the Commission has not made any determination as to
whether the complainant is so precluded. Accordingly, the presiding
administrative law judge may wish to consider this issue at an early
date. Any such decision should be issued in the form of an initial
determination (ID). The ID will become the Commission's final
determination 45 days after the date of service of the ID unless the
Commission determines to review the ID. Any petitions for review of the
ID must be filed within ten (10) days after service thereof. Any review
will be conducted in accordance with Commission Rules 210.43, 210.44,
and 210.45, 19 CFR 210.43, 210.44, and 210.45.
By order of the Commission.
Issued: July 3, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-15607 Filed 7-9-08; 8:45 am]
BILLING CODE 7020-02-P