July 3, 2008
News Release 08-066
Inv. No. 337-TA-652
Contact: Peg O'Laughlin, 202-205-1819
ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN RUBBER ANTIDEGRADANTS, ANTIDEGRADANT
INTERMEDIATES, AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain rubber antidegradants, antidegradant intermediates, and products containing the same. The products at issue in this investigation are chemical compounds used in various rubber products, including vehicle tires, to provide protection against degradation caused by exposure to ozone, oxygen, heat, sunlight, and other degradants.
The investigation is based on a complaint filed by Flexsys America L.P., of St. Louis, MO, on May 12, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain rubber antidegradants, antidegradant intermediates, and products containing the same that infringe patents owned by Flexsys. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.
The ITC has identified the following as respondents in this investigation:
Sinorgchem Co., Shandong, of China;
Korea Kumho Petrochemical Co., Ltd., of South Korea;
Kumho Tire USA, Inc., of Rancho Cucamonga, CA; and
Kumho Tire Co., Inc., of South Korea.
By instituting this investigation (337-TA-652), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.