By Eric Schweibenz
On September 9, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in its entirety the Initial Determination (“ID”) issued by ALJ Robert K. Rogers on June 17, 2013 finding a violation of Section 337 in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group, Inc. (“SI Group”) alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

As summarized in our June 28, 2013 post, ALJ Rogers issued an ID finding a violation of Section 337.  The ALJ determined that valid trade secrets were misappropriated and that SI Group showed that it had a valid domestic industry that was injured as a result of importation of resins made using the misappropriated trade secrets.

According to the September 9 notice, the parties filed petitions for review of the ID.

After examining the relevant portions of the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review the final ID in its entirety.  The notice states that the parties are requested to brief their positions on the issues under review, and that the Commission is particularly interested in responses to a question posed in the notice that was redacted to protect confidential business information.  The Commission is also interested in receiving written submissions on remedy, the public interest, and bonding.

Written submissions are due by September 23, 2013, with reply submissions due by September 30, 2013.