[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Notices]
[Pages 71698-71699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24482]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-620]
In the Matter of: Certain Low Antimony Phosphoric Acid; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint and motion for
temporary relief were filed with the U.S. International Trade
Commission on November 8, 2007, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of ICL Performance
Products, LP of St. Louis, Missouri. The complaint alleges violations
of section 337 in the importation into the United States, the sale for
importation, and the sale within
[[Page 71699]]
the United States after importation of certain low antimony phosphoric
acid by reason of infringement of certain claims of U.S. Patent No.
5,989,509. 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.
The motion for temporary relief requests that the Commission issue
a temporary exclusion order and temporary cease and desist orders
prohibiting the importation into and sale within the United States
after importation of certain low antimony phosphoric acid that
infringes claims 1-3 or 20 of U.S. Patent No. 5,989,509 during the
course of the Commission's investigation.
ADDRESSES: The complaint and motion for temporary relief, 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: Rett Snotherly, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2599.
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 (2007). The authority for provisional
acceptance of the motion for temporary relief is contained in
section 210.58 of the Commission's Rules of Practice and Procedure,
19 CFR 210.58 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 11, 2007, 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 low antimony
phosphoric acid by reason of infringement of one or more of claims 1-3
and 20 of U.S. Patent No. 5,989,509, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.58 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief
under subsection (e) of section 337 of the Tariff Act of 1930, which
was filed with the complaint, is provisionally accepted and referred to
the presiding administrative law judge for investigation;
(3) 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--ICL Performance Products, LP, 622 Emerson
Road, Suite 500, 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
and motion for temporary relief are to be served:
Maruzen Chemicals Co., Ltd., Maruzen Doshomachi Building, 1-4-7,
Doshomachi, Chuo-Ku, Osaka 541-0045 Japan.
Rasa Industries, Ltd., Yaesu Dai Building, 1-1-1, Kyobashi, Chuo-Ku,
Tokyo 104-0031 Japan.
(c) The Commission investigative attorney, party to this
investigation, is Rett Snotherly, 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 Carl C.
Charneski is designated as the presiding administrative law judge.
Responses to the complaint, the motion for temporary relief, and
the notice of investigation must be submitted by the named respondent
in accordance with sections 210.13 and 210.59 of the Commission's Rules
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR
201.16(d), 210.13(a), and 210.59, such responses will be considered by
the Commission if received not later than 10 days after the date of
service by the Commission of the complaint, the motion for temporary
relief, and the notice of investigation. Extensions of time for
submitting responses to the complaint, motion for temporary relief 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, in the motion for temporary relief, and in
this notice may be deemed to constitute a waiver of the 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 cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: December 12, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-24482 Filed 12-17-07; 8:45 am]
BILLING CODE 7020-02-P