08
Jul
By Tom Fisher
On July 7, 2009, the International Trade Commission issued a notice determining not to review the May 8, 2009 Initial Determination (“ID”) issued by ALJ Theodore R. Essex in Certain Composite Wear Components and Products Containing Same (337-TA-644).

In the ID, ALJ Essex found respondents AIAE Engineering Limited and Vega Industries (collectively, “respondents”) in default under Commission Rule 210.16(a)(2) based on respondents failure to participate in discovery.  ALJ Essex further found that respondents’ conduct in the investigation warranted adverse inferences under Commission Rule 210.17, and on that basis found respondents in violation of Section 337.

According to the notice, the “Commission has determined not to review the subject ID finding [respondents] in default pursuant to Rule 210.16(a)(2) and presumes the facts alleged in the complaint to be true with respect to [respondents], in addition to the ALJ’s finding of violation pursuant to Rule 210.17.”  The notice also states that the Commission has determined “to waive Commission Rule 210.42(a)(ii), which, unless the Commission orders otherwise, requires that the ALJ issue a recommended determination in conjunction with any initial determination concerning violation of section 337.”

The notice also requests written submissions regarding the form of remedy, if any, that should be ordered.  Written submissions on the issues of remedy, the public interest, and bonding are due on July 22, 2009, and reply submissions are due on July 30, 2009.
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