December 13, 2007
News Release 07-125
Inv. No. 337-TA-620
Contact: Peg O'Laughlin, 202-205-1819


The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain low antimony phosphoric acid. The product at issue in this investigation is phosphoric acid containing low levels of antimony used in the etching of silicon wafers during semiconductor manufacture. The ITC has also determined to provisionally accept the complainant's motion for temporary relief.

The investigation is based on a complaint filed by ICL Performance Products, LP, of St. Louis, MO, on November 8, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain low antimony phosphoric acid that infringes a patent owned by ICL. The complainant requests that the ITC issue a temporary exclusion order and temporary cease and desist orders, and a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-620), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Carl C. Charneski, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Charneski 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 ITC will make a final determination in the investigation at the earliest practicable time. 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.

-- 30 --