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Potential IPR Probe of Aerogel Insulation Evaluated for Public Interest Issues

Wednesday, May 11, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than May 19 on any public interest issues raised by a complaint filed on behalf of Aspen Aerogels Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of composite aerogel insulation materials and methods for manufacturing the same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the general exclusion order and/or cease and desist orders requested by the complainant would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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