Mr. Ronnie Allen
Human Resources Representative
Metglas, Inc. and Hitachi Metals, Ltd. File Section 337 Complaint at the International Trade Commission
CONWAY, SOUTH CAROLINA, September 19, 2017: Metglas, Inc. (“Metglas”) and Hitachi Metals, Ltd. (“HML”) today announced that they have filed a Complaint with the United States International Trade Commission (“ITC”), alleging a violation of Section 337 of the Tariff Act of 1930, through the sale for importation, importation, and/or sale after importation of certain amorphous metals (and products containing the same) manufactured by using misappropriated trade secrets.
The proposed Respondents include several China-based companies including: Advanced Technology & Materials; AT&M International Trading Co., Ltd.,; CISRI International Trading Co., Ltd.; Beijing ZLJG Amorphous Technology Co., Ltd.; and Qingdao Yunlu Energy Technology Co., Ltd. The Complaint also names two Japanese nationals, Dr. Hideki Nakamura and Mr. Nobrou Hanai, as proposed Respondents. According to the Complaint, Dr. Nakamura and Mr. Hanai, two former HML employees, misappropriated the Complainants’ trade secrets which were then disclosed to the proposed company Respondents.
The Complaint requests that the ITC institute an investigation into the proposed Respondents’ unfair acts. The Complaint seeks a general exclusion order banning from importation into the United States all covered imported amorphous steel ribbon and products containing the same, such as amorphous cores and amorphous transformers. The Complaint likewise seeks a Cease and Desist Order (“CDO”) prohibiting the sale, marketing, or distribution of covered products that have already been imported into the United States at the time a violation is found. Violation of a CDO also provides for civil penalties of up to $100,000, or twice the value of the covered articles, for each day a Respondent is in violation of the CDO.
The ITC is expected to decide whether to institute an investigation within 30 days. The Complaint seeks a final determination from the ITC, as well as the issuance of any remedial orders, as soon as possible after institution of the Complaint.
Metglas Inc. is the leading producer in the United States of amorphous metal ribbon and components used in the production of electrical distribution transformers, high frequency magnetic components for power electronics, materials for anti-theft tags, brazing alloys, and solder. Hitachi Metals, Ltd., (TSE: 5486), headquartered in Tokyo, Japan, with consolidated revenue totaling 910 billion yen is fiscal 2016 (ended March 31, 2017). The company manufactures and markets a diverse portfolio of Specialty steel products, magnetic materials and applications, functional components and equipment, wires, cables and related products. For more information, visit http://www.hitachi-metals.co.jp/e/index.html.