ALJ Shaw Denies Sanctions Motion, But Orders Machine Inspections In Certain Crawler Cranes (337-TA-887)
On December 23, 2013, ALJ David P. Shaw issued Order No. 12 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887). In the Order, ALJ Shaw denied Complainant Manitowoc Cranes, LLC’s (“Manitowoc Cranes”) motion for sanctions.
According to the Order, Manitowoc Cranes argued that Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”) should be sanctioned for failing to make certain accused cranes available for inspection in both Ohio and China. ALJ Shaw determined that Manitowoc Cranes did not establish that Sany engaged in the type of discovery abuse justifying sanctions under Commission Rule 210.27 and thus denied Manitowoc Cranes’s motion. ALJ Shaw also determined that Manitowoc Cranes was entitled to observe the subject crane “perform[ing] a pick, move and set operation” and thus ordered Sany to provide a firm inspection date for the two cranes at issue by December 31, 2013. ALJ Shaw concluded the order by noting that “Sany raises the possibility that an inspection of the SC8500 crane may not be permissible in China. The parties should not contravene Chinese law. Sany has failed, however, to establish that any such prohibition exists under Chinese law.”