By Eric Schweibenz
On July 27, 2009, ALJ Carl C. Charneski issued the public version of Order No. 26 (dated June 22, 2009) in Certain Cast Steel Railway Wheels, Certain Processes For Manufacturing Or Relating To Same And Certain Products Containing Same (Inv. No. 337-TA-655).  In the Order, ALJ Charneski granted-in-part Complainant Amsted Industries, Inc.’s (“Amsted”) motion to compel Respondents Standard Car Truck Company, Inc. and Barber Tianrui Railway Supply, LLC (collectively, “SCT”) to produce certain documents created after Amsted’s August 14, 2008 complaint. 

While ALJ Charneski determined that Amsted’s motion to compel was “overly broad,” he granted the motion with respect to those document requests supported by the Commission Investigative Staff (the “Staff”).  The Staff asserted that 11 of the 17 document requests identified by Amsted in its motion to compel sought documents relevant to the investigation.  ALJ Charneski granted the motion with respect to Amsted’s requests regarding (1) “certifications by the American Association of Railroads, pricing or market information, information provided to customers, and sales plans, strategic plans and similar documents, pertaining to cast steel railway wheels manufactured by Tianrui Group Foundry Company Limited”; and (2) “training or education relating to cast steel railway wheels that respondents have provided to their employees.”

ALJ Charneski ordered SCT to “comply with this order within 5 days of its issuance, unless the parties agree upon a later compliance date.”