53442 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 

which is to substantially injure an 

industry in the United States. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and a cease and desist 

order. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

available for inspection during official 

business hours (8:45 a.m. to 5:15 p.m.) 

in the Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Room 112, Washington, DC 

20436, telephone 202–205–2000. 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at http:// 

www.usitc.gov. The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey T. Hsu, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2579. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2008). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

September 10, 2008, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(A) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain cast steel railway 

wheels or certain products containing 

same by reason of misappropriation of 

trade secrets, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is— 

Amsted Industries Incorporated, Two 

Prudential Plaza, 180 North Stetson 

Street, Suite 1800, Chicago, Illinois 

60601. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Tianrui Group Company Limited, 63 

East Guangcheng Road, Ruzhou, 

Henan, 467500, China. 

Tianrui Group Foundry Company 

Limited, Bus Station South, Linru 

Town, Ruzhou, Henan, 467541, 

China. 

Standard Car Truck Company, Inc., 865 

Busse Highway, Park Ridge, Illinois 

60068–2359. 

Barber Tianrui Railway Supply, LLC, 

865 Busse Highway, Park Ridge, 

Illinois 60068–2359. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Jeffrey T. Hsu, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–21588 Filed 9–15–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–638] 

In the Matter of: Certain Intermediate 

Bulk Containers; Notice of 

Commission Issuance of a Limited 

Exclusion Order Against Infringing 

Products of Respondent Found in 

Default; Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has issued a limited 

exclusion order against infringing 

products of Shanghai Kingtainer 

Packaging Container Co., Ltd., which 

was previously found in default, and 

has terminated the above-captioned 

investigation under section 337 of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1337). 

FOR FURTHER INFORMATION CONTACT: 

Mark B. Rees, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3116. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone (202) 205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on March 10, 2008, based on a 

complaint filed by Schu ̈tz Container 

Systems Inc. of North Branch, New 

Jersey and Protechna, S.A. of 

Switzerland (collectively, ‘‘Schu ̈tz’’), 

alleging violations of section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) in 

the importation into the United States, 


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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 53443 

1Commissioner Lane dissenting with respect to 

China and Japan. Commissioner Pinkert dissenting 

with respect to Japan. 

the sale for importation, and the sale 

within the United States after 

importation of certain intermediate bulk 

containers by reason of infringement of 

certain claims of United States Patent 

Nos. 4,909,387; 5,253,777; and 

5,673,630. 73 FR 13919 (March 14, 

2008). The complaint named Shanghai 

Kingtainer Packaging Container Co., Ltd. 

of China (‘‘Kingtainer’’) and Novus 

International, Inc. of St. Louis, Missouri 

(‘‘Novus’’) as respondents. 

Novus was terminated from the 

investigation on the basis of a 

settlement. 

Schu ̈tz moved, pursuant to 

Commission Rule 210.16(b), for an order 

to show cause why Kingtainer should 

not be found in default, and for a 

finding of default upon the failure to 

show cause. The ALJ ordered Kingtainer 

to show cause, no later than the close of 

business on May 16, 2008, why it 

should not be found in default for 

failure to respond to the Complaint and 

Notice of Investigation (Order No. 4). No 

response to Order No. 4 was filed, and 

Kingtainer was found in default. On 

June 21, 2007, Kingtainer filed with the 

Commission (but did not serve) a letter 

that failed to comply with the order to 

show cause or the requirements of 19 

CFR 210.13(b) (response to complaint 

and notice of investigation), and that 

did not demonstrate any intention by 

Kingtainer to participate as a respondent 

in this investigation. Having adjudged 

Kingtainer in default, the Commission 

requested briefing from interested 

parties and the public on remedy, the 

public interest, and bonding. 73 FR 

36356 (June 26, 2008). 

Schu ̈tz and the Commission 

investigative attorney submitted briefing 

responsive to the Commission’s request 

on July 11, 2008. Each proposed a 

limited exclusion order directed to 

Kingtainer’s accused products, and 

recommended allowing entry under 

bond of 100 percent of entered value 

during the period of Presidential review. 

The Commission found that the 

statutory requirements of section 

337(g)(1)(A)–(E) (19 U.S.C. 

1337(g)(1)(A)–(E)) were met with respect 

to the defaulting respondent. 

Accordingly, pursuant to section 

337(g)(1) (19 U.S.C. 1337(g)(1)) and 

Commission rule 210.16(c) (19 CFR 

210.16(c)), the Commission presumed 

the facts alleged in the complaint to be 

true. 

The Commission determined that the 

appropriate form of relief in this 

investigation is a limited exclusion 

order prohibiting the unlicensed entry 

of certain intermediate bulk containers 

by reason of infringement of claims 13, 

14, 16, 17, and 31 of U.S. Patent No. 

4,909,387; claims 1, 6, 12, and 15 of U.S. 

Patent No. 5,253,777; and claim 1 of 

U.S. Patent No. 5,673,630; and that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of, 

respondent Kingtainer. The Commission 

further determined that the public 

interest factors enumerated in section 

337(g)(1) (19 U.S.C. 1337(g)(1)) do not 

preclude issuance of the limited 

exclusion order. Finally, the 

Commission determined that the bond 

under the limited exclusion order 

during the Presidential review period 

shall be in the amount of 100 percent of 

the entered value of the imported 

articles. The Commission’s order was 

delivered to the President and the 

United States Trade Representative on 

the day of its issuance. 

The Commission has terminated this 

investigation. The authority for the 

Commission’s determination is 

contained in section 337 of the Tariff 

Act of 1930, as amended (19 U.S.C. 

§ 1337), and sections 210.16(c) and 

210.41 of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.16(c) and 210.41). 

By order of the Commission. 

Issued: September 11, 2008. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–21579 Filed 9–15–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1014, 1016, and 

1017 (Review)] 

Polyvinyl Alcohol From China, Japan, 

and Korea 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of Commission 

determinations to conduct full five-year 

reviews concerning the antidumping 

duty orders on polyvinyl alcohol from 

China, Japan, and Korea. 

SUMMARY: The Commission hereby gives 

notice that it will proceed with full 

reviews pursuant to section 751(c)(5) of 

the Tariff Act of 1930 (19 U.S.C. 

1675(c)(5)) to determine whether 

revocation of the antidumping duty 

orders on polyvinyl alcohol from China, 

Japan, and Korea would be likely to lead 

to continuation or recurrence of material 

injury within a reasonably foreseeable 

time. A schedule for the reviews will be 

established and announced at a later 

date. For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

DATES: Effective Date: September 5, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (http:// 

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: On 

September 5, 2008, the Commission 

determined that it should proceed to 

full reviews in the subject five-year 

reviews pursuant to section 751(c)(5) of 

the Act. The Commission found that the 

domestic interested party group 

response to its notice of institution (72 

FR 31507, June 2, 2008) was adequate 

and that the respondent interested party 

group response with respect to Korea 

was adequate and decided to conduct a 

full review with respect to the 

antidumping duty order concerning 

polyvinyl alcohol from Korea. The 

Commission found that the respondent 

interested party group responses with 

respect to China and Japan were 

inadequate.1 However, the Commission 

determined to conduct full reviews 

concerning the antidumping duty orders 

on polyvinyl alcohol from China and 

Japan to promote administrative 

efficiency in light of its decision to 

conduct a full review with respect to the 

order concerning polyvinyl alcohol from 

Korea. A record of the Commissioners’ 

votes, the Commission’s statement on 

adequacy, and any individual 

Commissioner’s statements will be 

available from the Office of the 

Secretary and at the Commission’s Web 

site. 

Authority: These reviews are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 


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