Certain Opaque Polymers; Institution of Investigation Pursuant to United States Code, 37571 [2013-14877]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Page 37571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14877]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-883]


Certain Opaque Polymers; Institution of Investigation Pursuant to 
United States Code

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 20, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Rohm and Haas Company and Rohm and Haas Chemicals LLC, both of 
Philadelphia, Pennsylvania, and The Dow Chemical Company of Midland, 
Michigan. 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 opaque 
polymers by reason of infringement of certain claims of U.S. Patent No. 
6,020,435 (``the '435 patent''), U.S. Patent No. 6,252,004 (``the '004 
patent''), U.S. Patent No. 7,435,783 (``the '783 patent''), and U.S. 
Patent No. 7,803,878 (``the '878 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited 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 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 the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    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 June 17, 2013, 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 opaque 
polymers that infringe one or more of claims 1-5 of the '435 patent, 
claims 1 and 3-7 of the '004 patent, claims 1-8, 10-12, and 14 of the 
'783 patent, and claims 1-3 of the '878 patent, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (2) For the purposes of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Rohm and Haas Company, 100 Independence Mall West, Philadelphia, PA 
19106.

Rohm and Haas Chemicals LLC, 100 Independence Mall West, Philadelphia, 
PA 19106.

The Dow Chemical Company, 2030 Dow Center, Midland, MI 48674.

    (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:

Organik Kimya San. ve Tic. A.[Scedil], Mimarsinan Mah. Cendere Yolu No: 
146, Kemerburgaz 34075 Ey[uuml]p, Istanbul, Turkey.

Organik Kimya Netherlands B.V., Chemieweg 7, 3197 KC, Rotterdam--
Botlek, Netherlands.

Organik Kimya US, Inc., 200 Wheeler Road, 2nd Floor, Burlington, MA 
01803.

Turk International LLC, 7960 B Soquel Drive  411, Aptos, CA 
95003.

Aalborz Chemical LLC, d/b/a All Chem, 2240 29th Street SE., Grand 
Rapids, MI 49508.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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(e) 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 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.

    Issued: June 18, 2013.

    By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-14877 Filed 6-20-13; 8:45 am]
BILLING CODE 7020-02-P