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Import Restrictions on Infringing Opaque Polymers Under Consideration

Monday, December 22, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is seeking input by Dec. 30 on potential import restrictions on certain opaque polymers used in the manufacture of paints and in the building, packing, leather and textile industries. Specifically, the ITC is soliciting comments on the form of remedy, if any, that should be ordered in this investigation (i.e., an exclusion order and/or cease and desist order); the effects of any such remedy on public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Complainants Dow Chemical Company, Rohm and Haas Company and Rohm and Haas Chemicals LLC are alleging misappropriation of trade secrets by respondents located in Turkey, the Netherlands and the U.S. The ITC is reviewing an initial determination finding those respondents to be in default as a sanction for discovery abuse and ordering monetary sanctions.

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