81_FR_35163 81 FR 35058 - Certain Stainless Steel Products, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation

81 FR 35058 - Certain Stainless Steel Products, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35058-35059
FR Document2016-12814

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation and has issued a limited exclusion order prohibiting importation of certain stainless steel products manufactured by or on behalf of respondent Viraj Profiles Limited (``Viraj Profiles'') using the complainant's misappropriated trade secrets. The Commission has also issued a cease and desist order directed to Viraj Profiles. The investigation is terminated.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016) 
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35058-35059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12814]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-933]


Certain Stainless Steel Products, Certain Processes for 
Manufacturing or Relating to Same, and Certain Products Containing Same 
Commission's Final Determination Finding a Violation of Section 337; 
Issuance of a Limited Exclusion Order and Cease and Desist Order; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in this investigation and has issued 
a limited exclusion order prohibiting importation of certain stainless 
steel products manufactured by or on behalf of respondent Viraj 
Profiles Limited (``Viraj Profiles'') using the complainant's 
misappropriated trade secrets. The Commission has also issued a cease 
and desist order directed to Viraj Profiles. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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 (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 October 10, 2014, based on a complaint filed by Valbruna Slater 
Stainless, Inc. of Fort Wayne, Indiana; Valbruna Stainless Inc., of 
Fort Wayne, Indiana; and Acciaierie Valbruna S.p.A. of Italy 
(collectively, ``Valbruna''). 79 FR 61339 (Oct. 10, 2014). The 
complaint alleges violations of section 337 of the

[[Page 35059]]

Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain stainless steel products, 
certain processes for manufacturing or relating to same, and certain 
products containing same by reason of the misappropriation of trade 
secrets, the threat or effect of which is to destroy or substantially 
injure an industry in the United States. Id. The notice of 
investigation names as respondents (1) Viraj Profiles of Mumbai, India; 
Viraj Holdings P. Ltd. of Mumbai, India; Viraj--U.S.A., Inc. of Garden 
City, New York; (2) Flanschenwerk Bebitz GmbH of K[ouml]nnern, Germany; 
Bebitz Flanges Works Pvt. Ltd. of Maharashtra, India; Bebitz U.S.A. of 
Garden City, New York; and Ta Chen Stainless Pipe Co., Ltd. of Tainan, 
Taiwan and Ta Chen International, Inc. of Long Beach, California. Id. 
The Office of Unfair Import Investigations also was named as a party to 
the investigation. Id.
    On December 8, 2015, the administrative law judge (``ALJ'') issued 
an initial determination (``ID'') (Order No. 17) granting in part 
Valbruna's motion for default and other relief. The ALJ found that 
Viraj Profiles acted in bad faith in spoliating evidence and that a 
sanction of default against Viraj Profiles was warranted. On February 
8, 2016, the Commission determined to review Order No. 17, and, in that 
notice of review, determined to affirm the default finding against 
Viraj Profiles, noting that supplemental reasoning would be provided in 
a forthcoming opinion. 81 FR 7584 (Feb. 12, 2016). The Commission also 
requested briefing from the parties on certain issues on review, and 
requested briefing from the parties, interested government agencies, 
and any other interested persons on the issues of remedy, the public 
interest, and bonding. Id.
    On February 18, 2016, the parties filed initial written submissions 
addressing the Commission's questions and remedy, the public interest, 
and bonding. Also, on February 18, 2016, several non-parties filed 
responses to the Commission's February 8, 2016 notice, including 
Forging Industry Association, Central Wire Inc., Sumiden Wire Products 
Corporation, Tree Island Steel, Tri Star Metals, LLC, Carpenter 
Technology Corporation, Crucible Industries LLC, Electralloy (G.O. 
Carlson Inc., Co.), North American Stainless, Outokumpu Stainless USA, 
LLC, and Universal Stainless & Alloy Products, Inc. On February 24, 
2016, U.S. Representatives Tim Murphy and Peter J. Visclosky, the 
respective Chairman and Vice Chairman of the Congressional Steel 
Caucus, also filed a response to the Commission's February 8, 2016 
notice. On February 25, 2016, the parties filed reply submissions. 
Also, on February 25, 2016, several non-parties filed reply 
submissions, including American Wire Producers Association, Alloy 
Screen Works, Inc., Cincinnati Metals Inc., Kerkau Mfg., Carpenter 
Technology Corporation, Crucible Industries LLC, Electralloy (G.O. 
Carlson Inc., Co.), North American Stainless, Outokumpu Stainless USA, 
LLC, and Universal Stainless & Alloy Products, Inc. On February 25, 
2016, U.S. Senator Joe Donnelly of Indiana also filed a response to the 
Commission's February 8, 2016 notice.
    On March 3, 2016, the ALJ issued an ID (Order No. 19) granting 
Valbruna's motion for partial termination of the investigation based on 
withdrawal of the complaint against all respondents except Viraj 
Profiles. On April 4, 2016, the Commission determined not to review 
Order No. 19. Notice (Apr. 4, 2016).
    Having examined the record of this investigation, including the 
various IDs and the parties' submissions, the Commission has determined 
to vacate the portions of Order No. 17 with respect to (1) disgorgement 
and (2) denial of Valbruna's request for leave to assert additional 
operating practices.
    The Commission has determined the appropriate remedy is a limited 
exclusion order prohibiting, for 16.7 years from the date of the order, 
the entry of stainless steel products manufactured by or on behalf of 
Viraj Profiles using any of the misappropriated trade secrets 
identified in Valbruna's complaint (see Compl. ]] 27-33, 51 and 
accompanying exhibits). The Commission has also determined to issue a 
cease and desist order prohibiting Viraj Profiles from, inter alia, 
importing or selling the subject products. The Commission has 
determined that the public interest factors enumerated in section 
337(d) and (f), 19 U.S.C. 1337(d), (f), do not preclude the issuance of 
the limited exclusion order or the cease and desist order. The 
Commission has determined to apply a bond in the amount of 13.4 percent 
of the entered value of excluded products imported or sold during the 
period of Presidential review (19 U.S.C. 1337(j)).
    The Commission's order and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance.
    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 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: May 25, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12814 Filed 5-31-16; 8:45 am]
 BILLING CODE 7020-02-P

35058 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices income of the Domestic Like Product cleanup, and a typical or representative INTERNATIONAL TRADE produced in your U.S. plant(s) (include product mix); and COMMISSION both U.S. and export commercial sales, (c) the quantity and value of your [Investigation No. 337–TA–933] internal consumption, and company firm’s(s’) exports to the United States of transfers) for your most recently Subject Merchandise and, if known, an Certain Stainless Steel Products, completed fiscal year (identify the date Certain Processes for Manufacturing estimate of the percentage of total on which your fiscal year ends). or Relating to Same, and Certain exports to the United States of Subject (10) If you are a U.S. importer or a Products Containing Same Merchandise from the Subject Country trade/business association of U.S. Commission’s Final Determination importers of the Subject Merchandise accounted for by your firm’s(s’) exports. Finding a Violation of Section 337; from the Subject Country, provide the (12) Identify significant changes, if Issuance of a Limited Exclusion Order following information on your firm’s(s’) any, in the supply and demand and Cease and Desist Order; operations on that product during conditions or business cycle for the Termination of the Investigation calendar year 2015 (report quantity data Domestic Like Product that have in pounds and value data in U.S. occurred in the United States or in the AGENCY: U.S. International Trade dollars). If you are a trade/business market for the Subject Merchandise in Commission. association, provide the information, on the Subject Country after 2009, and ACTION: Notice. an aggregate basis, for the firms which significant changes, if any, that are are members of your association. likely to occur within a reasonably SUMMARY: Notice is hereby given that (a) The quantity and value (landed, the U.S. International Trade foreseeable time. Supply conditions to duty-paid but not including Commission has found a violation of consider include technology; antidumping duties) of U.S. imports section 337 of the Tariff Act of 1930, as production methods; development and, if known, an estimate of the amended, 19 U.S.C. 1337, in this efforts; ability to increase production investigation and has issued a limited percentage of total U.S. imports of (including the shift of production Subject Merchandise from the Subject exclusion order prohibiting importation facilities used for other products and the of certain stainless steel products Country accounted for by your firm’s(s’) use, cost, or availability of major inputs manufactured by or on behalf of imports; into production); and factors related to respondent Viraj Profiles Limited (b) the quantity and value (f.o.b. U.S. the ability to shift supply among (‘‘Viraj Profiles’’) using the port, including antidumping duties) of different national markets (including complainant’s misappropriated trade U.S. commercial shipments of Subject Merchandise imported from the Subject barriers to importation in foreign secrets. The Commission has also issued Country; and markets or changes in market demand a cease and desist order directed to Viraj (c) the quantity and value (f.o.b. U.S. abroad). Demand conditions to consider Profiles. The investigation is terminated. port, including antidumping duties) of include end uses and applications; the FOR FURTHER INFORMATION CONTACT: U.S. internal consumption/company existence and availability of substitute Lucy Grace D. Noyola, Office of the transfers of Subject Merchandise products; and the level of competition General Counsel, U.S. International imported from the Subject Country. among the Domestic Like Product Trade Commission, 500 E Street SW., (11) If you are a producer, an exporter, produced in the United States, Subject Washington, DC 20436, telephone 202– or a trade/business association of Merchandise produced in the Subject 205–3438. Copies of non-confidential producers or exporters of the Subject Country, and such merchandise from documents filed in connection with this Merchandise in the Subject Country, other countries. investigation are or will be available for provide the following information on (13) (OPTIONAL) A statement of inspection during official business your firm’s(s’) operations on that whether you agree with the above hours (8:45 a.m. to 5:15 p.m.) in the product during calendar year 2015 Office of the Secretary, U.S. definitions of the Domestic Like Product (report quantity data in pounds and International Trade Commission, 500 E and Domestic Industry; if you disagree value data in U.S. dollars, landed and Street SW., Washington, DC 20436, with either or both of these definitions, telephone 202–205–2000. General duty-paid at the U.S. port but not please explain why and provide information concerning the Commission including antidumping duties). If you alternative definitions. may also be obtained by accessing its are a trade/business association, provide the information, on an aggregate basis, Authority: This proceeding is being Internet server (http://www.usitc.gov). for the firms which are members of your conducted under authority of title VII of the The public record for this investigation association. Tariff Act of 1930; this notice is published may be viewed on the Commission’s (a) Production (quantity) and, if pursuant to section 207.61 of the electronic docket (EDIS) at http:// known, an estimate of the percentage of Commission’s rules. edis.usitc.gov. Hearing-impaired total production of Subject Merchandise By order of the Commission. persons are advised that information on in the Subject Country accounted for by this matter can be obtained by Issued: May 23, 2016. your firm’s(s’) production; contacting the Commission’s TDD Lisa R. Barton, terminal on 202–205–1810. (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in Secretary to the Commission. SUPPLEMENTARY INFORMATION: The the Subject Country (i.e., the level of [FR Doc. 2016–12435 Filed 5–31–16; 8:45 am] Commission instituted this investigation production that your establishment(s) on October 10, 2014, based on a sradovich on DSK3TPTVN1PROD with NOTICES BILLING CODE 7020–02–P could reasonably have expected to complaint filed by Valbruna Slater attain during the year, assuming normal Stainless, Inc. of Fort Wayne, Indiana; operating conditions (using equipment Valbruna Stainless Inc., of Fort Wayne, and machinery in place and ready to Indiana; and Acciaierie Valbruna S.p.A. operate), normal operating levels (hours of Italy (collectively, ‘‘Valbruna’’). 79 FR per week/weeks per year), time for 61339 (Oct. 10, 2014). The complaint downtime, maintenance, repair, and alleges violations of section 337 of the VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices 35059 Tariff Act of 1930, as amended, 19 Chairman and Vice Chairman of the amended (19 U.S.C. 1337), and in Part U.S.C. 1337, in the importation into the Congressional Steel Caucus, also filed a 210 of the Commission’s Rules of United States, the sale for importation, response to the Commission’s February Practice and Procedure (19 CFR part and the sale within the United States 8, 2016 notice. On February 25, 2016, 210). after importation of certain stainless the parties filed reply submissions. By order of the Commission. steel products, certain processes for Also, on February 25, 2016, several non- Issued: May 25, 2016. manufacturing or relating to same, and parties filed reply submissions, Lisa R. Barton, certain products containing same by including American Wire Producers reason of the misappropriation of trade Association, Alloy Screen Works, Inc., Secretary to the Commission. secrets, the threat or effect of which is Cincinnati Metals Inc., Kerkau Mfg., [FR Doc. 2016–12814 Filed 5–31–16; 8:45 am] to destroy or substantially injure an Carpenter Technology Corporation, BILLING CODE 7020–02–P industry in the United States. Id. The Crucible Industries LLC, Electralloy notice of investigation names as (G.O. Carlson Inc., Co.), North American respondents (1) Viraj Profiles of Stainless, Outokumpu Stainless USA, INTERNATIONAL TRADE Mumbai, India; Viraj Holdings P. Ltd. of LLC, and Universal Stainless & Alloy COMMISSION Mumbai, India; Viraj—U.S.A., Inc. of Products, Inc. On February 25, 2016, [Investigation No. 731–TA–669 (Fourth Garden City, New York; (2) U.S. Senator Joe Donnelly of Indiana Review)] Flanschenwerk Bebitz GmbH of also filed a response to the Könnern, Germany; Bebitz Flanges Commission’s February 8, 2016 notice. Cased Pencils From China; Institution Works Pvt. Ltd. of Maharashtra, India; On March 3, 2016, the ALJ issued an of a Five-Year Review Bebitz U.S.A. of Garden City, New York; ID (Order No. 19) granting Valbruna’s AGENCY: United States International and Ta Chen Stainless Pipe Co., Ltd. of motion for partial termination of the Trade Commission. Tainan, Taiwan and Ta Chen investigation based on withdrawal of the complaint against all respondents ACTION: Notice. International, Inc. of Long Beach, California. Id. The Office of Unfair except Viraj Profiles. On April 4, 2016, SUMMARY: The Commission hereby gives Import Investigations also was named as the Commission determined not to notice that it has instituted a review a party to the investigation. Id. review Order No. 19. Notice (Apr. 4, pursuant to the Tariff Act of 1930 (‘‘the On December 8, 2015, the 2016). Act’’), as amended, to determine administrative law judge (‘‘ALJ’’) issued Having examined the record of this whether revocation of the antidumping an initial determination (‘‘ID’’) (Order investigation, including the various IDs duty order on cased pencils from China No. 17) granting in part Valbruna’s and the parties’ submissions, the would be likely to lead to continuation motion for default and other relief. The Commission has determined to vacate or recurrence of material injury. ALJ found that Viraj Profiles acted in the portions of Order No. 17 with Pursuant to the Act, interested parties bad faith in spoliating evidence and that respect to (1) disgorgement and (2) are requested to respond to this notice a sanction of default against Viraj denial of Valbruna’s request for leave to by submitting the information specified Profiles was warranted. On February 8, assert additional operating practices. The Commission has determined the below to the Commission; 1 to be 2016, the Commission determined to assured of consideration, the deadline review Order No. 17, and, in that notice appropriate remedy is a limited exclusion order prohibiting, for 16.7 for responses is July 1, 2016. Comments of review, determined to affirm the years from the date of the order, the on the adequacy of responses may be default finding against Viraj Profiles, entry of stainless steel products filed with the Commission by August noting that supplemental reasoning manufactured by or on behalf of Viraj 15, 2016. would be provided in a forthcoming Profiles using any of the DATES: Effective June 1, 2016. opinion. 81 FR 7584 (Feb. 12, 2016). The Commission also requested briefing misappropriated trade secrets identified FOR FURTHER INFORMATION CONTACT: from the parties on certain issues on in Valbruna’s complaint (see Compl. ¶¶ Mary Messer (202–205–3193), Office of review, and requested briefing from the 27–33, 51 and accompanying exhibits). Investigations, U.S. International Trade parties, interested government agencies, The Commission has also determined to Commission, 500 E Street SW., and any other interested persons on the issue a cease and desist order Washington, DC 20436. Hearing- issues of remedy, the public interest, prohibiting Viraj Profiles from, inter impaired persons can obtain and bonding. Id. alia, importing or selling the subject information on this matter by contacting On February 18, 2016, the parties products. The Commission has the Commission’s TDD terminal on 202– filed initial written submissions determined that the public interest 205–1810. Persons with mobility addressing the Commission’s questions factors enumerated in section 337(d) impairments who will need special and remedy, the public interest, and and (f), 19 U.S.C. 1337(d), (f), do not assistance in gaining access to the bonding. Also, on February 18, 2016, preclude the issuance of the limited Commission should contact the Office several non-parties filed responses to exclusion order or the cease and desist of the Secretary at 202–205–2000. the Commission’s February 8, 2016 order. The Commission has determined General information concerning the notice, including Forging Industry to apply a bond in the amount of 13.4 Commission may also be obtained by Association, Central Wire Inc., Sumiden percent of the entered value of excluded accessing its Internet server (http:// Wire Products Corporation, Tree Island products imported or sold during the Steel, Tri Star Metals, LLC, Carpenter period of Presidential review (19 U.S.C. 1 No response to this request for information is Technology Corporation, Crucible required if a currently valid Office of Management sradovich on DSK3TPTVN1PROD with NOTICES 1337(j)). and Budget (OMB) number is not displayed; the Industries LLC, Electralloy (G.O. The Commission’s order and opinion OMB number is 3117–0016/USITC No. 16–5–356, Carlson Inc., Co.), North American were delivered to the President and to expiration date June 30, 2017. Public reporting Stainless, Outokumpu Stainless USA, the United States Trade Representative burden for the request is estimated to average 15 LLC, and Universal Stainless & Alloy on the day of their issuance. hours per response. Please send comments regarding the accuracy of this burden estimate to Products, Inc. On February 24, 2016, The authority for the Commission’s the Office of Investigations, U.S. International Trade U.S. Representatives Tim Murphy and determination is contained in section Commission, 500 E Street SW., Washington, DC Peter J. Visclosky, the respective 337 of the Tariff Act of 1930, as 20436. VerDate Sep<11>2014 21:59 May 31, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1


Document Created: 2018-02-08 07:26:59
Document Modified: 2018-02-08 07:26:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3438. 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 (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.
FR Citation81 FR 35058 
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