Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; Institution of Investigation Pursuant to 19 U.S.C. 1337, 20907-20908 [2014-08326]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Notices]
[Pages 20907-20908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08326]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-914]


Certain Sulfentrazone, Sulfentrazone Compositions, and Processes 
for Making Sulfentrazone; Institution of Investigation Pursuant to 19 
U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 5, 2014, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FMC 
Corporation of Philadelphia, Pennsylvania. A letter clarifying the 
complaint was filed on March 26, 2014. The complaint 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 sulfentrazone, sulfentrazone compositions, and 
processes for making sulfentrazone by reason of infringement of certain 
claims of U.S. Patent No. 7,169,952 (``the '952 patent''). 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 a limited exclusion order and cease and desist 
orders. A motion for temporary

[[Page 20908]]

relief filed concurrently with the complaint, requests that the 
Commission issue a temporary limited exclusion order and temporary 
cease and desist order prohibiting the importation into and the sale 
within the United States after importation of certain sulfentrazone, 
sulfentrazone compositions, and processes for making sulfentrazone that 
infringe claims 25-28 of the '952 patent during the course of the 
Commission's investigation.

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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 8, 2014, 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)(ii) 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 
sulfentrazone, sulfentrazone compositions, and processes for making 
sulfentrazone by reason of infringement of one or more of claims 25-28 
of the '952 patent, 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: FMC Corporation, 1735 Market Street, 
Philadelphia, PA 19103.
    (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:

Beijing Nutrichem Science and Technology Stock Co., Ltd., Building D-1, 
NO66 Xixiaokou Road, Haidian District, Beijing, China 100192.
Summit Agro USA, LLC, 8000 Regency Park, Suite 265, Cary, NC 27518.
Summit Agro North America, Holding Corporation, 300 Madison Avenue, 4th 
Floor, New York, NY 10017.
Jiangxi Heyi Chemicals Co. Ltd., No. 43 Ji Shan Industry Park, 
Longcheng Town, Penze County, Jiujiang City, Jianxi Province, China 
332700.

    (c) The 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 Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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 respondents 
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 (e), 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 the 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, the motion for temporary 
relief, 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, the motion for temporary 
relief, 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.

    Issued: April 9, 2014.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08326 Filed 4-11-14; 8:45 am]
BILLING CODE 7020-02-P