By Eric Schweibenz
On December 17, 2009, the International Trade Commission issued a notice determining not to review ALJ Carl C. Charneski’s October 16, 2009 Initial Determination (“ID”) in Certain Cast Steel Railway Wheels, Certain Processes For Manufacturing Or Relating To Same And Certain Products Containing Same (Inv. No. 337-TA-655).

By way of background, the Complainant in this investigation is Amsted Industries Inc. (“Amsted”).  The Respondents are Tianrui Group Co. Ltd, Tianrui Group Foundry Co. Ltd (collectively, “Tianrui”), Standard Car Truck Company, Inc. (“SCT”), and Barber Tianrui Railway Supply (“Barber”).  On October 16, 2009, ALJ Charneski issued the ID finding that a violation of Section 337 had occurred in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain cast steel railway wheels or products containing the same by reason of trade secret misappropriation.  See our October 19 and December 4 posts for more details.

On October 30, 2009, SCT and Barber filed a joint petition for review of the ID.  On November 2, 2009, Tianrui filed a petition for review and Amsted filed a contingent petition for review.  Amsted filed responses to the joint petition of SCT/Barber and Tianrui’s petition on November 9 and 10, respectively.  SCT/Barber and Tianrui filed their responses on November 10.  The Commission Investigative Staff filed responses to the three petitions on November 10.

According to the December 17 notice, the “Commission has determined not to review the subject ID.”

Written submissions on the issues of remedy, the public interest, and bonding are due by December 29, 2009, with reply submissions due by January 6, 2010.