ITC Institutes Section 337 Investigation Regarding Certain Cast Steel Railway Wheels and Their Axles [Updated]
September 12, 2008The U.S. International Trade Commission (ITC) has voted to institute an investigation (337-TA-655) of certain cast steel railway wheels, certain processes for manufacturing or relating to same and certain products containing same. The products at issue in this investigation are cast steel railway wheels that are used in railcars and locomotives and their respective axles.
The investigation is based on a complaint filed by Amsted Industries Incorporated of Chicago, IL, on August 4, 2008. The complaint alleges violations of § 337 of the Tariff Act of 1930 in the importation into the United States of certain cast steel railway wheels and certain products containing them that misappropriate Amsted trade secrets. The complainant requests that the ITC issue an exclusion order and a cease and desist order.
The ITC has identified the following as respondents in this investigation:
- Tianrui Group Company Limited of China;
- Tianrui Group Foundry Company Limited of China;
- Standard Car Truck Company, Inc., of Park Ridge, Ill.; and
- Barber Tianrui Railway Supply, LLC, of Park Ridge, Ill.
The ITC has not yet made any decision on the merits of the case. The ITC’s Chief Administrative Law Judge will assign the case to one of the ITC’s five 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 § 337; that initial determination is subject to review by the Commission.
Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in § 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.
Update [9/16/2008]:
A notice of investigation has been published in the Federal Register.
