ITC Institutes Section 337 Investigation on Certain Cast Steel Railway Wheels, and Certain Processes and Products
The International Trade Commission has instituted a section 337 investigation of certain cast steel railway wheels, certain processes for manufacturing or relating to same and certain products containing same pursuant to a complaint.
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(The products at issue in this investigation are cast steel railway wheels that are used in railcars and locomotives, and their respective axles.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Amsted Industries Incorporated of Chicago, Illinois, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain cast steel railway wheels and certain products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to substantially injure an industry in the U.S.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Respondents Alleged to Be in Violation of Section 337
The ITC has identified the following as respondents alleged to be in violation of section 337:
Tianrui Group Company Limited of China;
Tianrui Group Foundry Company Limited of China;
Standard Car Truck Company, Inc., of Park Ridge, IL; and
Barber Tianrui Railway Supply, LLC, of Park Ridge, IL.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Jeffrey Hsu (202) 205-2579
ITC notice (Inv. No. 337-TA-655, FR Pub 09/16/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-21588.pdf
ITC press release (08-087, dated 09/11/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0911ff2.htm