Notice2026-04707
Certain Opaque Polymers; Notice of Institution of Rescission Proceeding; Rescission of Remedial Orders; Termination of Rescission Proceeding
Primary source
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Published
March 11, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to institute a rescission proceeding and rescind a limited exclusion order ("LEO") directed to Organik Kimya San. ve Tic. A.[Scedil] of Istanbul, Turkey; Organik Kimya Netherlands B.V. of Rotterdam-Botlek, Netherlands; and Organik Kimya US, Inc. of Burlington, Massachusetts (collectively, "Organik Kimya") and a cease and desist order directed to Organik Kimya US, Inc (collectively, "the remedial orders"). The remedial orders are rescinded, and the rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 11990-11991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04707]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-883 (Rescission)]
Certain Opaque Polymers; Notice of Institution of Rescission
Proceeding; Rescission of Remedial Orders; Termination of Rescission
Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to institute a rescission
proceeding and rescind a limited exclusion order (``LEO'') directed to
Organik Kimya San. ve Tic. A.[Scedil] of Istanbul, Turkey; Organik
Kimya Netherlands B.V. of Rotterdam-Botlek, Netherlands; and Organik
Kimya US, Inc. of Burlington, Massachusetts (collectively, ``Organik
Kimya'') and a cease and desist order directed to Organik Kimya US, Inc
(collectively, ``the remedial orders''). The remedial orders are
rescinded, and the rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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#387d7c716b0b705d5448784d4b514c5b165f574e"><span class="__cf_email__" data-cfemail="387d7c716b0b705d5448784d4b514c5b165f574e">[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: The Commission instituted the underlying
investigation on June 21, 2013, based on a complaint filed by the Dow
Chemical Company of Midland, Michigan, and by Rohm and Haas Company and
Rohm and Haas Chemicals LLC, both of Philadelphia, Pennsylvania
(collectively, ``Dow''). 78 FR 37571 (June 21, 2013). The complaint
alleged violations of section 337 of the Tariff Act of 1930, as amended
(19 U.S.C. 1337) (``section 337''), by reason of the importation into
the United States, the sale for importation, and the sale within the
United States after importation of certain opaque polymers that
infringe certain claims of U.S. Patent Nos. 6,020,435, 6,252,004
7,435,783, and 7,803,878. Id. The notice of investigation named Organik
Kimya as the respondent. Id. The Office of Unfair Import Investigations
did not participate in the investigation. Id. The complaint and notice
of investigation were later amended to add allegations of
misappropriation of trade secrets. See 78 FR 71643 (Nov. 29, 2013). The
Commission later terminated the investigation as to the four asserted
patents. See Order No. 11 (Nov. 21, 2013), unreviewed by Comm'n Notice
(Dec. 13, 2013); Order No. 29 (Nov. 3, 2014), unreviewed by Comm'n
Notice (Dec. 1, 2014).
On April 17, 2015, the Commission found Organik Kimya in default as
a sanction for discovery abuse pursuant to section 337(h) (19 U.S.C.
1337(h)) and Commission Rules 210.16 and 210.33 (19 CFR 210.16 &
210.33). See 80 FR 22548-49 (Apr. 22, 2015). The Commission thereby
determined that Organic Kimya violated section 337 based on the
misappropriation of trade secrets and issued the remedial orders. See
id.
On February 9, 2026, Dow and Organic Kimya filed a joint petition
requesting that the Commission rescind the remedial orders based on a
settlement reached between the parties. The petition includes a copy of
the settlement agreement and the required statement that there are ``no
other agreements, written or oral, express or implied between the
parties concerning the subject matter of the investigation.'' The
petition asserts that rescission is warranted based on changed
conditions of fact and law stemming from the parties' settlement
agreement that fully resolves the dispute between them concerning the
subject matter of the underlying investigation. On February 10, 2026,
the parties filed a redacted version of the petition and settlement
agreement, and on February 20, 2026, the parties filed a revised
redacted version. The Commission received no responses to the petition.
Having reviewed the petition, the Commission finds that the
conditions which led to the issuance of the remedial orders no longer
exist, and therefore, that granting the petition to rescind is
warranted under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule
210.76(a) (19 CFR 210.76(a)). Consistent with an order
[[Page 11991]]
issued herewith, the Commission has determined to rescind the remedial
orders issued in this investigation. The Commission finds that the
settlement agreement constitutes changed circumstances pursuant to
section 337(k)(1) and Commission Rule 210.76(a)(1) (19 CFR
210.76(a)(1)) warranting rescission as it fully resolves the dispute
between Dow and Organik Kimya concerning the subject matter of this
investigation. The Commission further finds that the petition complies
with the procedural requirements of Commission Rule 210.76(a)(3) (19
CFR 210.76(a)(3)), and that granting the rescission is in the public
interest.
The rescission proceeding is terminated.
The Commission vote for this determination took place on March 6,
2026.
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: March 6, 2026.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2026-04707 Filed 3-10-26; 8:45 am]
BILLING CODE 7020-02-P
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