In re Certain Opaque Polymers
In re Certain Opaque Polymers
Investigation No. 337-TA-883 (U.S.I.T.C. 2014)
October 20, 2014
Pender, Thomas B., Administrative Law Judge
Summary
The Administrative Law Judge found that Organik Kimya had spoliated evidence in violation of Commission Rule 210.33(b) by failing to preserve ESI relevant to the case. As a result, the court found Organik Kimya in default and imposed monetary sanctions against them and their counsel.
Additional Decisions
In the Matter of
CERTAIN OPAQUE POLYMERS
CERTAIN OPAQUE POLYMERS
Investigation No. 337-TA-883
United States International Trade Commission (U.S.I.T.C.), Washington D.C.
October 20, 2014
Pender, Thomas B., Administrative Law Judge
Notice
On October 20, 2014,1 issued Order No. 27 as an Initial Determination finding that Respondents Organik Kimya San. Ve Tic. A.S., Organik Kimya Netherlands B.V., Organik Kimya U.S., Inc. ("Oranik Kimya") spoliated evidence in this investigation in violation of Commission Rule 210.33(b). As a sanction for Organik Kimya's bad faith spoliation of evidence I have found Organik Kimya in default with regard to Dow's allegations of trade secret misappropriation. As an additional sanction, I have also imposed monetary sanctions against Organik Kimya and its counsel, jointly and severally.
SO ORDERED.
Thomas B. Pender
Administrative Law Judge