April 9, 2014
News Release 14-033
Inv. No. 337-TA-914
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN SULFENTRAZONE, SULFENTRAZONE COMPOSITIONS, AND PROCESSES
FOR MAKING SULFENTRAZONE
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone. The products at issue in this investigation are used to control certain weeds in various agricultural crops including soybean, sunflower and tobacco, and controlling pests in non-crops such as ornamental plants, turf and golf courses.
The investigation is based on a complaint filed by FMC Corporation of Philadelphia, PA, on March 5, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a temporary exclusion order, a temporary cease and desist order, a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Beijing Nutrichem Science and Technology Stock Co., Ltd., of Beijing, China;
Summit Agro USA, LLC, of Cary, NC;
Summit Agro North America Holding Corporation of New York, NY; and
Jiangxi Heyi Chemicals Co., Ltd., of Jiangxi, China.
By instituting this investigation (337-TA-914), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.