By Eric Schweibenz
On January 15, 2014, the International Trade Commission (the “Commission”) issued a notice determining to affirm in part and reverse in part the initial determination (“ID”) issued by ALJ Robert K. Rogers, Jr., and terminating the Investigation with a finding of violation 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 on behalf of SI Group, Inc. (“SI Group”) alleging violation of Section 337 by a number of Respondents in the importation into the United States, sale for importation, or sale after importation of certain rubber resins by reason of misappropriation of trade secrets.  See our May 22, 2012 and June 22, 2012 posts for more details on SI’s complaint and Notice of Investigation, respectively.  On June 17, 2013 ALJ Rogers issued his ID finding a violation of Section 337.  See our June 28, 2013 post for more details on the notice of ID issued by ALJ Rogers.   

According to the January 15, 2014 notice, the Commission determined that the following Respondents were in violation of Section 337:  Precision Measurement International LLC, Sino Legend (Zhangjiagang) Chemical Co. Ltd.; Sino Legend Holding Group, Inc. of Kowloon, Hong Kong; Sino Legend Holding Group Ltd.; Red Avenue Chemical Co. Ltd.; Shanghai Lunsai International Trading Company; Red Avenue Group Limited; and Sino Legend Holding Group, Inc. of Majuro, Marshall Islands.  The Commission issued a limited exclusion order for a period of ten (10) years prohibiting the unlicensed importation of rubber resins made using any of the SP-1068 Rubber Resin Trade Secrets that are manufactured by, for, or on behalf of the violating Respondents or any of their affiliated companies, licensees, other related business entities, or their successors or assigns.  The Commission also determined that the public interest factors did not preclude issuance of a remedy.  Lastly, the Commission determined that covered products may be imported during the period of Presidential review under bond in the amount of 19% of entered value.