Notice2025-02893
Certain Polyvinylidene Fluoride Resins; Notice of Institution of Investigation
Primary source
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Published
February 21, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 13, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Synesqo SA of Belgium; Solvay Specialty Polymers, USA LLC of Alpharetta, Georgia; and Solvay Specialty Polymers Italy S.P.A. of Italy. A supplement to the complaint was filed on February 3, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain polyvinylidene fluoride resins by reason of infringement of certain claims of U.S. Patent No. 8,337,725 ("the '725 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 90 Issue 34 (Friday, February 21, 2025)</title>
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[Federal Register Volume 90, Number 34 (Friday, February 21, 2025)]
[Notices]
[Pages 10082-10083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02893]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1439]
Certain Polyvinylidene Fluoride Resins; Notice of Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on
[[Page 10083]]
January 13, 2025, under section 337 of the Tariff Act of 1930, as
amended, on behalf of Synesqo SA of Belgium; Solvay Specialty Polymers,
USA LLC of Alpharetta, Georgia; and Solvay Specialty Polymers Italy
S.P.A. of Italy. A supplement to the complaint was filed on February 3,
2025. The complaint, as supplemented, alleges violations of section 337
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain polyvinylidene fluoride resins by reason of infringement of
certain claims of U.S. Patent No. 8,337,725 (``the '725 patent''). The
complaint further alleges that an industry in the United States exists
or is in the process of being established as required by the applicable
Federal Statute. The complainants request that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#2d6869647e1e6548415d6d585e44594e034a425b"><span class="__cf_email__" data-cfemail="d491909d87e79cb1b8a494a1a7bda0b7fab3bba2">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 14, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-7, 10, and 12 of the '725 patent, and whether an industry in
the United States exists or is in the process of being established as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``polyvinylidene
fluoride polymers comprising acrylates in solid form'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Syensqo SA, Rue de la Fus[eacute]e, 98, 1130 Brussels, Belgium,
Solvay Specialty Polymers, USA LLC, 4500 McGinnis Ferry Rd.,
Alpharetta, GA 30005-3914, Solvay Specialty Polymers Italy S.P.A., 20
Viale Lombardia, Bollate, Italy 20021.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the party upon which the complaint is
to be served:
Inner Mongolia 3F Wanhao, Fluorochemical Industry Co. Ltd.,
Industrial Production Pack, Fengzhen, Inner Mongolia Province, China,
012100.
Zhejiang Juhua Co., Ltd., Kecheng District, Quzhou City, Zhejiang
Province Quzhou; Zhejiang, 324004, China, Zhejiang Fluorine Chemical
New Material Co. Ltd., No. 5, Weiyi Road, Shangyu Hangzhou Gulf
Chemical Industry Zone, Shaoxing, Zhejiang, 312369, China.
Hubei Fluorine New Materials Co., Ltd., No. 8, Group 11, Dongtan
Village, Qianjiang Economic Development Zone, Hubei Province, 433100,
China.
Sinochem Lantian Co., Ltd., Sinochem Building, No. 96, Jiangnan
Avenue, Binjiang District, Hangzhou, Zhejiang Province, 310051, China.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: February 14, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-02893 Filed 2-20-25; 8:45 am]
BILLING CODE 7020-02-P
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