Notice2022-08211
Certain Products Containing Pyraclostrobin and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon a Consent Order Stipulation; Issuance of Consent Orders; Termination of Investigation
Primary source
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Published
April 18, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review initial determinations ("ID") (Order No. 5) of the presiding chief administrative law judge ("ALJ") terminating the investigation in its entirety based upon a consent order stipulation. The Commission has entered consent orders against the respondents.
Full Text
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<title>Federal Register, Volume 87 Issue 74 (Monday, April 18, 2022)</title>
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[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22939]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08211]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1303]
Certain Products Containing Pyraclostrobin and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation in Its Entirety Based Upon
a Consent Order Stipulation; Issuance of Consent Orders; Termination of
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 determined not to review initial determinations (``ID'')
(Order No. 5) of the presiding chief administrative law judge (``ALJ'')
terminating the investigation in its entirety based upon a consent
order stipulation. The Commission has entered consent orders against
the respondents.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3042. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#1a5f5e534929527f766a5a6f69736e79347d756c"><span class="__cf_email__" data-cfemail="fabfbeb3a9c9b29f968aba8f89938e99d49d958c">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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: On March 2, 2022, the Commission instituted
this investigation based on a complaint filed by BASF SE of
Ludwigshafen, Germany and BASF Corporation of Florham Park, New Jersey
(collectively, ``BASF''). 87 FR 11730-31 (Mar. 2, 2022). The complaint
alleged violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain products containing pyraclostrobin and
components thereof by reason of infringement of claims 1-17 of U.S.
Patent No. 7,816,392. Id. The Commission's notice of investigation
named the following entities as respondents: Sharda Cropchem Ltd. of
Mumbai, India; and Sharda USA LLC, of Norristown, Pennsylvania
(collectively, ``Sharda''). The Office of Unfair Import Investigations
was not named as a party in this investigation. Id.
On March 4, 2022, Sharda moved to terminate the investigation in
its entirety based on a consent order stipulation and entry of consent
orders. On March 14, 2022, BASF filed a statement of non-opposition to
Sharda's motion.
On March 16, 2022, the ALJ issued the subject ID (Order No. 5)
granting the motion. The ID noted that ``Sharda certifies that `there
are no other agreements, written or oral, express or implied between
the parties concerning the subject matter of the Investigation.' ''
Order No. 5 at 1. The ID found that the consent order stipulation and
proposed consent orders comply with Commission Rule 210.21(c)(3) and
(4) (19 CFR 210.21(c)(3) and (4)). Id. at 1-2. The ID further found
that terminating the investigation would not be contrary to the public
interest. Id. at 2.
The Commission has determined not to review the subject ID and to
issue consent orders. The investigation is hereby terminated in its
entirety.
The Commission vote for this determination took place on April 12,
2022.
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: April 12, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-08211 Filed 4-15-22; 8:45 am]
BILLING CODE 7020-02-P
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