IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`In the Matter Of:
`
`
`CERTAIN ROAD CONSTRUCTION
`MACHINES AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-1088
`
`TRANSMITTAL OF
`STATEMENT ON THE PUBLIC INTEREST
`
`The attached Statement is submitted for consideration by the Commission with respect to: (1) a
`limited exclusion order ("LEO") against certain road construction machines and components
`thereof, which are imported, sold for importation, and/or sold after importation by respondents
`Wirtgen GmbH, Joseph Vögele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.
`(collectively, "Wirtgen"); and (2) a cease and desist order ("CDO") against Wirtgen.
`
`The attached Statement is submitted by Roadtec, Inc. and is signed by Raymond (Eric) Clark
`Baker IV, Vice President of Sales and Marketing.
`
`Respectfully Submitted,
`
`/s/ David J. Hill
`
`David J. Hill
`Chambliss, Bahner & Stophel, P.C.
`Attorneys for Roadtec, Inc.
`
`14705_00/1720/DJH-3692243_1
`
`

`

`IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`In the Matter Of:
`CERTAIN ROAD CONSTRUCTION MACHINES
`AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-1088
`
`STATEMENT ON THE PUBLIC INTEREST
`
`This Statement is submitted for consideration by the Commission with respect to: (1) a limited
`exclusion order ("LEO") against certain road construction machines and components thereof,
`which are imported, sold for importation, and/or sold after importation by respondents Wirtgen
`GmbH, Joseph Vögele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.
`(collectively, "Wirtgen"); and (2) a cease and desist order ("CDO") against Wirtgen.
`
`This Statement is submitted by Roadtec, Inc. ("Roadtec"), a manufacturer and seller of road
`construction machines and components thereof, which has its manufacturing facilities and
`headquarters in Chattanooga, Tennessee. The type of road construction machines in question are
`milling machines (sometimes called "cold planers"), which are used to rehabilitate roadways by
`cutting part of the roadway material out so that it can be recycled and/or replaced with new
`material. Roadtec has been manufacturing road milling machines in Chattanooga, Tennessee
`since 1986, and has been selling these products in the United States continuously since then.
`
`It is Roadtec's opinion, as a competitive, American-based, manufacturer of the same type of
`equipment as the Wirtgen milling machines, that no harm would be done to the health and
`welfare of the public if these infringing machines were prevented from being imported. Roadtec
`has competed directly with Wirtgen for the sale of road milling machines in the US market for
`more than ten years. In addition, Bomag Americas Inc. ("Bomag") and Caterpillar Paving
`Products, Inc. ("Caterpillar") are active participants in the US milling machine market.
`Furthermore, Wirtgen offers milling machines other than those which are the subject of the LEO
`and the CDO in the US market.
`
`Roadtec has more than enough capacity to continue to serve the US market, as it has, if an LEO
`and CDO are entered against Wirtgen. Bomag, Caterpillar and Roadtec have full product lines in
`road milling machines that more than cover the product lines of Wirtgen which are the subject of
`the LEO and the CDO. Roadtec, Bomag and Caterpillar offer products that compete directly
`with each other and with the Wirtgen machines which are the subject of this Investigation. The
`market for these machines has been extremely competitive and will continue to be so, without
`Wirtgen’s ability to import the machines which are the subject of the LEO and the CDO.
`Stopping the importation of these infringing products will protect the market and therefore
`Roadtec's business, which will allow Roadtec to continue to provide American manufacturing
`jobs, provide needed products to US consumers, and pour money into the US economy.
`
`Respectfully Submitted on Behalf of Roadtec, Inc. an Astec Industries Company,
`
`/s/ Raymond (Eric) Clark Baker IV
`Raymond (Eric) Clark Baker IV
`Vice President of Sales and Marketing
`
`14705_00/1720/DJH-3692169_1
`
`