NITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`.
`
`I
`
`-.
`
`
`
`CERTAIN FOAM MASKING TAPE
`
`Investigation No. 337-TA-528
`
`MOTION OF COMPLAINANTS 3M COMPANY, 3M INNOVATIVE
`PROPERTIES COMPANY AND JEAN SILVESTRE FOR AN ORDER TO
`SHOW CAUSE AND DEFAULT JUDGMENT AGAINST RESPONDENT
`JEVTEC, LTD. AND FOR SHORTENED RESPONSE TIME
`Pursuant to 19 U S .C. 3 13 3 7(g) and Commission Rule of Practice and
`(19 C.F.R. 5 210.16), Complainants 3M Company, 3M Innovative Properties Company and Jean
`
`Silvestre (collectively “Complainants”) hereby move for an order directing Respondent Jevtec,
`
`Ltd. to show cause why it should not be found in default for failure to respond to the Second
`
`Amended Complaint and Notice of Investigation pursuant to Commission Rule of Practice and
`Procedure 210.13 (19 C.F.R. 8 210.13).
`
`In view of the late stage of the investigation and the fact that Jevtec has been given ample
`
`opportunity to respond to the Second Amended Complaint and Notice of Investigation,
`
`Complainants further move for a shortened time for Jevtec to respond to the instant Motion, such
`
`that any responses would be due on May 25, 2005. Mr. David McNeight, who purports to
`
`represent Jevtec, is being served a copy of this Motion via e-mail.
`
`Counsel for Complainants certifies, pursuant to Ground Rule 3.2, that reasonable and
`
`good faith efforts were made to contact Jevtec, Ltd. and to resolve this matter prior to the filing
`
`of this Motion. No substantive response as to Jevtec, Ltd.’s intensions concerning its full
`
`

`
`participation in this investigation was received. Counsel for Complainants also conferred with
`
`the Commission Investigative Staff ("Staff'). The Staff will state its position once it has had the
`
`opportunity to review this Motion.
`
`Dated: May 17,2005
`
`Respectfully submitted,
`
`Michael G. M c M ~ U S
`Michael L. Doane
`Sarah E. Hamblin
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1200 Seventeenth Street, N.W.
`Washington, DC 20036
`Telephone: (202) 467-6300
`
`Jonathan E. Singer
`FISH & RICHARDSON P.C., P.A.
`3300 Dain Rauscher Plaza
`60 South Sixth Street
`Minneapolis, Minnesota 55402
`Telephone: (612) 337-5070
`
`Hildy Bowbeer
`John A. Burtis
`3M COMPANY
`OFFICE OF INTELLECTUAL PROPERTY COUNSEL
`3M CENTER
`P. 0. Box 33427
`St. Paul, Minnesota 55 133-3428
`Telephone: (65 1) 737-3 194
`
`Counsel for 3M Company, 3M Innovative
`Properties Company, Mr. Jean Silvestre
`
`MMM711105-JEV.doc
`
`2
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Charles E. Bullock
`
`In the Matter of
`
`CERTAIN FOAM MASKING TAPE
`
`Investigation No. 337-TA-528
`
`I
`
`MEMORANDUM IN SUPPORT OF THE MOTION OF COMPLAINANTS 3M
`COMPANY, 3M INNOVATIVE PROPERTIES COMPANY AND JEAN
`SILVESTRE FOR AN ORDER TO SHOW CAUSE AND DEFAULT JUDGMENT
`AGAINST RESPONDENT JEVTEC, LTD. AND FOR SHORTENED RESPONSE TIME
`
`Pursuant to 19 U.S.C. $ 1337(g) and Commission Rule of Practice and Procedure 210.16
`
`(19 C.F.R. $ 210.16), Complainants 3M Company, 3M Innovative Properties Company and Jean
`
`Silvestre (collectively "Complainants") respectfully submit this Memorandum in Support of the
`
`Motion for an Order directing Respondent Jevtec, Ltd. ("Jevtec") to Show Cause why it should
`
`not be found in default for failure to respond to the Second Amended Complaint and Notice of
`
`Investigation pursuant to Commission Rule of Practice and Procedure 2 10.13 (1 9 C.F.R.
`
`$210.13).
`
`I.
`
`INTRODUCTION
`
`On December 28, 2004 (70 Fed. Reg. 386 (Jan. 4, 2005)), the International Trade
`
`Commission (Tommission") instituted this investigation pursuant to Section 3 37 of the Tariff
`
`Act of 1930, as amended, (19 U.S.C. $ 1337) based on the Amended Complaint filed by
`
`Complainants. On March 29, 2005, the Commission granted the Motion of Complainants to
`
`Amend the Complaint and Notice of Investigation to Add Two Respondents, including Jevtec.
`
`The Second Amended Complaint and Notice of Investigation were served on Jevtec by certified
`
`

`
`or registered mail on April 1 , 2005. Pursuant to Commission Rule 2 10.13, Jevtec's Responses to
`
`the Second Amended Complaint and Notice of Investigation were due Tuesday, May 3, 2005.
`
`As of the date of this Motion, Jevtec has not filed a response to the Second Amended Complaint
`
`or to the Notice of Investigation'. Accordingly, pursuant to Commission Rule 210.16, Jevtec
`
`should be ordered to show cause why it should not be found in default. Should it fail to meet this
`
`requirement, Jevtec should be found to be in default in this investigation.
`
`11.
`
`ARGUMENT AND AUTHORITIES
`Jevtec Should Be Found In Default
`
`A.
`
`Regarding the issue of default, the Commission Rules of Practice and Procedure provide
`
`that:
`
`(1) A party shall be found in default if it fails to respond to the
`complaint and notice of investigation in the manner prescribed in 8
`210.13 or 8 210.59(c), or otherwise fails to answer the complaint
`and notice, and fails to show cause why it should not be found in
`default.
`
`Commission Rule 210.16(a). As noted above, Jevtec was served with the Second Amended
`
`Complaint and Notice of Investigation on April 1, 2005. Although the Office of the Secretary
`
`has not posted return receipts on the Commission's Electronic Document Imaging System
`
`("EDIS 11") evidencing receipt of the Second Amended Complaint and Notice of Investigation by
`
`Jevtec, there is no indication that the copies of the Second Amended Complaint and Notice of
`
`Investigation mailed to Jevtec have been returned to the Commission as undeliverable. The fact
`
`' Counsel for Complainants certifies, pursuant to Ground Rule 3.2, that reasonable and good
`faith efforts were made to contact Jevtec and to resolve this matter prior to the filing of this Motion. See
`letter dated May 6, 2005, from Michael McManus to David L. McNeight attached as Exhibit A. No
`substantive response as to Jevtec's intensions concerning its full participation in this investigation was
`received.
`
`2
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`

`
`that the complaint and notice of investigation were not returned to the Commission as
`
`undeliverable "has been found to be a sufficient indicator of receipt of the complaint and notice
`
`of investigation to support a show cause order." Certain Ink Markers and Packaging ThereoJ;
`
`Inv. No. 337-TA-522, Order No. 8 (Nov. 18, 2004) (citing Certain 4-Androstenediol, Inv. No.
`
`337-TA-440, Order No. 8 (Apr. 30,2001); Certain Oscillating Sprinklers, Sprinkler Components
`
`and Nozzles, Inv. No. 337-TA-448, Order No. 4 (Mar. 30, 2001)); see also Certain Pet Food
`
`Treats, Inv. No. 337-TA-511, Order No. 6 (Oct. 4, 2004). Accordingly, Jevtec's Responses to
`
`the Second Amended Complaint and Notice of Investigation were due Tuesday, May 3, 2005.
`
`As of the date of this Motion, however, Jevtec has filed no such responses.
`
`In addition, on April 7, 2005, Complainants served their First Set of Interrogatories and
`
`First Set of Requests for Production of Documents on Jevtec.2 Copies of the Certificates of
`
`Service are attached as Exhibits B and C, respectively. Responses to these discovery requests
`
`were due April 27, 2005. On April 28,2005, Complainants served their First Set of Requests for
`
`Admissions on Jevtec. A copy of the Certificate of Service is attached as Exhibit D. Responses
`
`to the Requests for Admission were due May 9, 2005. As of the date of this Motion,
`
`Complainants have received only unverified responses to the First Set of Interrogatories from
`
`Mr. David L. McNeight who purports to be a director of JevtecS3 Jevtec has not responded to the
`
`Requests for Production of Documents or the Requests for Admission. Complainants have
`
`attempted to resolve these discovery issues with Mr. McNeight. See letter dated May 16, 2005,
`
`The Staff also served discovery requests on Jevtec on April 11, 2005. Responses to those
`requests, due May 2,2005, have not yet been received.
`
`Complainants have also received what purports to be an expert report by Mr. McNeight. This
`"expert report," however, is deficient and improper on numerous grounds. Mr. McNeight's report, which
`was not served until May 6,2005, is untimely. Moreover, Jevtec has not filed an Identification of Experts
`or a Notice of Prior Art. Complainants have filed a Motion in Limine to Preclude David McNeight from
`Offering Expert Testimony.
`
`3
`
`

`
`from Michael G. McManus to David L. McNeight attached as Exhibit E. As of the date of this
`
`Motion, Complainants have not received a satisfactory response and are, therefore, preparing to
`
`file a motion to ~ o m p e l . ~ Mr. McNeight was given the opportunity to participate in the
`
`Discovery Conference scheduled for May 17, 2005, to discuss the outstanding discovery but did
`
`not participate. See e-mail sent on behalf of Tom Schaumberg dated Monday, May 16, 2005,
`
`attached as Exhibit F. Failure to respond to discovery fbrther supports issuance of a show cause
`
`order. Certain Agricultural Vehicles and Components Thereof, Inv. No. 337-TA-487, Order No.
`
`45 (Oct. 1, 2003). Jevtec's failure to participate or cooperate fully in discovery further evidences
`
`the default of this respondent in this investigation.
`
`Inasmuch as Jevtec has failed to respond to the Second Amended Complaint and Notice
`
`of Investigation and, further, has failed to respond fully to discovery served by Complainants and
`
`the Staff, it should be ordered to show cause, within five days of the issuance of the requested
`
`order, why it should not be found in default. Should it fail to show cause prior to this deadline,
`
`Jevtec should be found to be in default in this investigation.
`
`B.
`
`A Shortened Response Time Is Appropriate
`
`As set forth above, Jevtec has had ample opportunity to answer the Second Amended
`
`Complaint and Notice of Investigation. In light of the late stage of this investigation and the
`
`many impending dates rapidly approaching on the Procedural Schedule, Complainants and the
`
`Commission are entitled to learn at the earliest possible date whether Jevtec, the only remaining
`
`respondent, is going to participate. Good cause exists to shorten the time to respond to this
`
`Motion because, in addition to the time required to file a response, Jevtec will be entitled to a
`
`On May 12, 2005, counsel for Complainants and the Staff spoke with Mr. McNeight via
`telephone and raised these issues with him. Mr. McNeight did not give any timeframe in which Jevtec
`would respond either to the Second Amended Complaint or to the outstanding discovery.
`
`4
`
`

`
`period of time to show why it should not be found in default. Commission Rule 210.16.
`
`Complainants note that Mr. David McNeight, who purports to represent Jevtec, is being served a
`
`copy of this Motion via e-mail. Accordingly, Complainants request that the time to respond to
`
`this Motion be shortened to May 25,2005.
`
`111. CONCLUSION
`
`For the reasons set forth above, Complainants respectfully request that Jevtec be ordered
`
`to show cause why it should not be found in default.
`
`Dated: May 17,2005
`
`Respectfully submitfed,
`
`. ,q
`
`Michael G. M c M ~ U S
`Michael L. Doane
`Sarah E. Hamblin
`ADDUCI, MASTFUANI & SCHAUMBERG, L.L.P.
`1200 Seventeenth Street, N. W.
`Washington, DC 20036
`Telephone: (202) 467-6300
`
`Jonathan E. Singer
`FISH & RICHARDSON P.C., P.A.
`3300 Dain Rauscher Plaza
`60 South Sixth Street
`Minneapolis, Minnesota 55402
`Telephone: (612) 337-5070
`
`Hildy Bowbeer
`John A. Burtis
`3M COMPANY
`OFFICE OF INTELLECTUAL PROPERTY COUNSEL
`3M CENTER
`P. 0. Box 33427
`St. Paul, Minnesota 55133-3428
`Telephone: (651) 737-3194
`
`Counsel for 3M Company, 3M Innovative
`Properties Company, Mr. Jean Silvestre
`
`MMM711005-EV
`
`5
`
`

`
`EXHIBIT A
`
`EXHIBIT A
`
`

`
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`
`ATTORNEYS AT LAW
`
`1200 SEVENTEENTH STREET. N W
`WASHINGTON, D C 20036
`Telephone (202) 467-6300
`Facsimile (202) 466-2006
`e-mail arns@dduci com
`www adduci corn
`
`May 6,2005
`
`OF COLXSEL
`
`ROBERT A WESTERLLWD
`RAYMOND H J POWELL. JR '
`PHILIP L ROBlhS
`PAUL G HEGLAND
`
`AFFILIATE
`
`AMBS T M D E SERVICES. LLC
`CARLOS MOORE. PRESIDENT
`
`V. JAMES ADDUCI I1
`LOUIS S. MASTRJANI
`TOM M. SCHAUMBERG
`BARBARA A. MURPHY
`HARVEY 8. FOX
`GREGORY C. ANTHES
`STEVEN E. ADKlNS
`WILL E. LEONARD
`JAMES TAYLOR, JR.
`MAUREEN F. BROWNE
`MICHAEL L. DOANE
`MICHAEL G. McMANUS'
`DAVID F. NICKEL'
`SARAH E. HAMBLIN.
`MARK R. LEVENTHAL
`S. ALEX LASHER.
`*ADM~TI€DTO A BAROTHER THAN D C
`
`VIA FEDERAL EXPRESS and ELECTRONIC MAIL
`
`Mr. David L. McNeight
`JEVTEC, LTD.
`Unit 3, Cranage Trading Park
`Goostrey Lane
`Holmes Chapel
`Cheshire CW4 8HE
`UNITED KINGDOM
`
`Re:
`
`Certain Foam Masking TaDe. Inv. No. 337-TA-528
`
`Dear Mr. McNeight:
`
`This firm represents 3M Company, 3M Innovative Properties Company and Mr. Jean
`Silvestre in the above-referenced investigation before the United States International Trade
`Commission ("Commission").
`
`Jevtec, Ltd. has been named as a respondent in this Investigation and was served with the
`Complaint and Notice of Investigation. Jevtec Ltd.'s responses to the Complaint and Notice of
`Investigation were due on Tuesday, May 3, 2005. We have received no responses from Jevtec,
`Ltd. If no response is filed, Jevtec, Ltd. may be found in default.
`
`The purpose of this letter is to make a good faith effort to ascertain what steps, if any,
`Jevtec, Ltd. intends to take to respond to the Complaint and Notice of Investigation and to
`participate in this Investigation. Please respond to this letter no later than Tuesday, May 10,
`2005.
`If we do not receive such a response, we will file a motion with the Commission
`requesting an Order for Jevtec, Ltd. to Show Cause why it should not be found in default.
`
`MGM: 11 k
`MMM306705
`
`Very truly yours,
`
`Michael G. McManus
`
`

`
`EXHIBIT B
`
`EXHIBIT B
`
`

`
`1 hereby certify that a copy of the foregoing COMPLAINANT 3M COMPANY’S
`FIRST SET OF INTERROGATORIES TO RESPONDENT JEVTEC, LTD. (PUBLIC)
`was served as indicated, to the parties listed below, this 7* day of April 2005:
`
`Steven R. Pedersen, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401-A
`Washington, DC 20436
`(VIA H A N D DELIVERY AND ELECTRONIC
`MAIL - stevea.pedersen@usitc.gov)
`
`Counsel for Intertape Polymer
`Corporation, IPG Administrative
`Services, Inc. and Intertape
`Polymer Group. Inc.
`
`John K. Abokhair, Esq.
`Shauna M. Wertheim, Esq.
`ROBERTS ABOKHAIR & MARDULA, LLC
`1 1800 Sunrise VaIley Drive, Suite 1000
`Reston, Virginia 20 1 9 1
`(VIA FEDERAL EXPRESS AND
`ELECTRONIC MAIL -
`ja bokhair@globe-ip.com)
`
`Counsel for Boss Auto Import, S.A.
`Robert D. Katz, Esq.
`Arian Baryalai, Esq.
`COOPER & DUNHAM LLP
`1 185 Avenue of the Americas
`New York, New York 10036
`(VIA FEDERAL EXPRESS AND ELECTRONIC MAIL -
`rkatz@cooperdunham.com)
`
`Counsel for Saint-Gobain Abrasifs (France) and Saint-Gobain Abrasives, Inc.
`
`Gregory C. Dorris, Esq.
`Edward M. Andries, Esq.
`PEPPER HAMILTON LLP
`600 Fourteenth Street, N. W.
`Washington, DC 20005-2004
`(vu HAND DELNERY AND ELECTRONIC
`MAIL - dorrisg@pepperlaw.com)
`
`Matthew B. Lowrie, Esq.
`Emily A. Berger, Esq.
`LOWRIE, LANDO & ANASTASI, LLP
`Riverfront Office Park
`One Main Street, Eleventh Floor
`Cambridge, Massachusetts 02 142
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - mlowrie@ll-axom)
`
`

`
`Respondents
`JEVTECH, LTD.
`Bellgreen House
`Fountain Street
`Macclesfield, Cheshire SKI 0 1 JN
`UNITED KINGDOM
`(VIA FEDERAL EXPRESS)
`
`CONTINENTAL MJRKETMG INTERNATIONAL
`3 13 Chun-Fu 1 1 Road
`Taichung, Taiwan
`REPUBLIC OF CHINA
`(VIA FEDERAL EXPRESS)
`
`MMM 100005-Disc.doc
`
`Washington, D.C. 20036
`
`2
`
`

`
`EXHIBIT C
`
`EXHIBIT C
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing COMPLAINANT 3M COMPANY'S
`FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO
`RESPONDENT JEVTEC, LTD. (PUBLIC) was served as indicated, to the parties listed
`below, this 7'h day of April 2005:
`
`Steven R. Pedersen, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401-A
`Washington, DC 20436
`(VIA HAND DELIVERY AND ELECTRONIC
`MAIL - steven.pedersen@usitc.gov)
`Counsel for Intertape Polymer
`Corporation, IPG Administrative
`Services, Inc. and Intertape
`Polymer Group, Inc.
`
`John K. Abokhair, Esq.
`Shauna M. Wertheim, Esq.
`ROBERTS ABOKHAIR & MARDULA, LLC
`1 1800 Sunrise Valley Drive, Suite 1000
`Reston, Virginia 20 191
`(VIA FEDERAL EXPRESS AND
`ELECTRONIC MAIL -
`jabokhair@globe-ip.com)
`
`Counsel for Boss Auto Import, S.A.
`
`Robert D. Katz, Esq.
`Arian Baryalai, Esq.
`COOPER & DUNHAM LLP
`1 185 Avenue of the Americas
`New York, New York 10036
`(VIA FEDERAL EXPRESS AND ELECTRONIC MAIL -
`rkatz@cooperdunham.com)
`
`Counsel for Saint-Gobain Abrasifs (France) and Saint-Gobain Abrasives, Inc.
`Matthew B. Lowrie, Esq.
`Gregory C. Dorris, Esq.
`Emily A, Berger, Esq.
`Edward M. Andnes, Esq.
`LOWRIE, LANDO & ANASTASI, LLP
`PEPPER HAMILTON LLP
`Riverfront Office Park
`600 Fourteenth Street, N.W.
`Washington, DC 20005-2004
`One Main Street, Eleventh Floor
`Cambridge, Massachusetts 02142
`(VlA HAND DELIVERY AND ELECTRONIC
`MAIL - dorrisg@pepperlaw.com)
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - mlowrie@ll-a.com)
`
`

`
`ResDondents
`JEVTECH, LTD.
`Beligreen House
`Fountain Street
`Macclesfield. Cheshire SK10 1 JN
`UNITED KINGDOM
`(VIA FEDERAL EXPRESS)
`
`CONTINENTAL ~ ~ R K E T I N G
`INTERNATIONAL
`3 13 Chun-Fu 1 1 Road
`Taichung, Taiwan
`REPUBLIC OF CHINA
`W1A FEDERAL EXPRESS)
`
`TRIANI & SCHAUMBERG, L.L.P.
`Street, N.W., Fifth Floor
`Washington, D.C. 20036
`
`M M M 100005-Disc.doc
`
`2
`
`

`
`EXHIBIT D
`
`EXHIBIT D
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing COMPLAINANT 3M COMPANY'S FIRST SET
`OF REQUESTS FOR ADMISSIONS TO RESPONDENT JEVTEC LIMITED
`(CONFIDENTIAL) was served as indicated, to the parties listed below, this 28* day of April
`2005:
`
`Steven R. Pedersen, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401-A
`Washington, DC 20436
`(VIA FEDERAL EXPRESS AND ELECTRONIC MAIL -
`steven.pedersen@usitc.gov)
`
`Counsel for Intertape Polymer Corporation,
`IPG Administrative Services, Jnc. and
`Intertape Polvmer Group, Inc.
`
`John K. Abokhair, Esq.
`Shauna M. Wertheim, Esq.
`ROBERTS ABOKHAIR & MARDULA, LLC
`1 1 800 Sunrise Valley Drive, Suite 1000
`Reston, Virginia 20 19 1
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - jabokhair@globe-ip.com)
`
`Counsel for Boss Auto Import, S.A.
`
`Robert D. Katz, Esq.
`Arian Baryalai, Esq.
`COOPER & DUNHAM LLP
`1 185 Avenue of the Americas
`New York, New York 10036
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - rkatz@cooperdunham.com)
`
`Respondents
`JEVTECH, LTD.
`Unit 3, Cranage Trading Park
`Goostrey Lane
`Holmes Chapel
`Cheshire CW4 8HE
`UNITED KINGDOM
`(VIA FEDERAL EXPRESS)
`
`M M M 100005-Disc-CONF.
`
`& SCHAUMBERG, L.L.P.
`N.W., Fifth Floor
`Washington, D.C. 20036
`
`

`
`EXHIBIT E
`
`EXHIBIT E
`
`

`
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P
`
`ATTORNEYS AT LAW
`
`I200 SEVENTEENTH STREET, N.W.
`WASHINGTON, D.C. 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 4662006
`e-mail: [lastname]@adduci.com
`www.adduci corn
`
`May 16,2005
`
`OF COUNSEL
`
`ROBERT A. WESTERLLIND
`DAVID G. POSZ
`JAMES E. BARLOW'
`GREGORY C. ANTHES
`JOHN C. STEINBERGER
`PAUL G. HEGLAND
`
`AFFILIATE
`
`AM&S TRADE SERVICES, LLC
`CARLOS MOORE, PRESIDENT
`
`V JAMES ADDUCI I I
`LOUIS S MASTRlANl
`TOM M SCHAUMBERG
`BARBARA A MURPHY
`HARVEY B FOX
`WlLLE LEONARD
`JAMES TAYLOR, JR
`hlAUREEN F BROWNE
`MICHAEL G McMANUS'
`MICHAEL L DOANF
`WILLIAM C SX)BERG
`DAVID F NICKEL*
`SARAH E HAMBLIN'
`MARK R LEVENTH4L
`S ALEX LASHER
`RODNEY R SWEETLAND. 111
`TALI LEAH 4LBAN'
`*A~M1TlJUlOA BAR OnU K 1INN D C
`
`VIA ELECTRONIC MAIL and FEDERAL EXPRESS
`
`David L. McNeight, Esq.
`JEVTEC, LTD.
`Unit 3, Cranage Trading Park
`Goostrey Lane
`Holmes Chapel
`Cheshire CW4 8HE
`UNITED KINGDOM
`
`Re: Certain Foam Masking; Tape, Inv. No. 337-TA-528
`
`Dear Mr. McNeight:
`
`J.S. Intemations Trade
`This is in regard to Jevtec Ltd's ("Jevtec") participation in tL,e
`Commission ("Commission") investigation referenced above. Specifically, we write in regard to
`Jevtec's failure to respond to the Complaint in this investigation, Jevtec's failure to respond to
`Complainant 3M Company's First Set of Requests for the Production of Documents and Things
`and Jevtec's failure to respond to 3M Company's First Set of Requests for Admissions.
`
`The Second Amended Complaint ("Complaint") was served upon Jevtec by the
`Commission on April 1, 2005. Under Commission rules, a foreign respondent has thirty (30)
`days from the date of service to file a written response to the Complaint. 19 C.F.R. $9 201.16(d)
`and 210.13(a). Jevtec's response was, thus, due no later than May 3, 2005. We raised the issue
`of Jevtec's failure to serve a response to the Complaint in correspondence dated May 6,2005, and
`again during our telephone conference of Thursday, May 12, 2005. At that time, you indicated
`that you would endeavor to respond to the Complaint. Despite this, no response to the
`Complaint has been served. We now inform you that, if a response to the Complaint is not
`received in this office by noon, EDT, it is Complainants' intention to file tomorrow, May 17,
`2005, a motion for Jevtec to show cause why it should not be held in default.
`
`

`
`David L. McNeight, Esq.
`May 16,2005
`Page 2
`
`3M Company's First Set of Requests for the Production of Documents and Things to
`Respondent Jevtec Ltd. were served April 7,2005. Pursuant to Order No. 2, issued in connection
`with this investigation, responses to these document requests were due on April 27, 2005. No
`response has been served. 3M Company raised this issue by letter of April 29, 2005, and again
`during our telephone conference of May 12, 2005. As stated during the telephone conference,
`the deadline to file motions to compel is May 19, 2005. Unless full and complete responses are
`served on this office prior to May 19, 2005, it is 3M Company's intention to file a motion to
`compel responses to its document requests on that date.
`
`3M Company's First Set of Requests for Admissions was served April 22, 2005. Jevtec's
`responses were, thus, due on May 4, 2005. (Ground Rule 4.4.4.) No responses have been
`received. Pursuant to Commission rule, it is 3M Company's intention to move to have the
`subject matter of the requests deemed admitted. (19 C.F.R. 9 210.31(b).)
`
`3M Company considers that it has already fulfilled its obligation to meet and confer with
`Jevtec regarding the contemplated motions to show cause why Jevtec should not be held in
`default and to compel Jevtec to produce documents in response to 3M Company's document
`requests. Despite this, we remain available for further consultation at a time convenient for you.
`In addition, we wish to meet and confer with you so as to learn Jevtec's position concerning the
`requests for admission served April 22, 2005. As you may be aware, the regularly scheduled
`meeting of the Discovery Committee (consisting of counsel for each party) is scheduled for
`tomorrow, May 17, 2005, at 9:30 a.m. EST which corresponds to 2:30 p.m. BST. It is our
`intention to initiate discussion of Jevetec's responses to 3M Company's Requests for Admission
`at the meeting of the Discovery Committee.
`
`Sincerely,
`
`Michael G. McManus
`
`MGM: 11 k
`cc:
`Steven R. Pedersen, Esq. (via electronic mail)
`Hildy Bowbeer, Esq. (via electronic mail)
`Jonathan E. Singer, Esq. (via electronic mail)
`
`MMM307705
`
`

`
`EXHIBIT F
`
`EXHIBIT F
`
`

`
`Emilv Pacheco
`
`From:
`Sent:
`To:
`
`Subject:
`
`Jane Parnham on behalf of Tom Schaumberg
`Monday, May 16,2005 4:26 PM
`'dlmcn@mcneight.net'; John K. Abokhair, Esq.; Robert D. Katz, Esq.; Shauna M. Wertheim
`Esq. (E-mail); Steven R. Pedersen, Esq.
`Discovery Committee Telephone Conference - ITC Inv. No. 337-TA-528 - Supplement
`
`Jane E, Parnham
`Legal Secretary
`Adduci, Mastriani & Schaumberg, L. L. P
`1200 Seventeenfh Street, N. W.
`Washington, D. C. 20036
`(202) 467-6300 ext. 215
`parnham@adduci. com
`
`IF YOU HAVE RECEmED T U B TRAr\rSMISSIOAT I N ERROR, PLEASE IMMEDMTEL Y ATOTTFY US BY COLLECT CALL
`(202) 167-6300, BY F,.1CSIhfILE (202) 466-2006, OR BY ELECTRONIC hfiUL anis@adduer.com.
`
`-----Original Message-----
`From:
`Tom Schaumberg
`Monday, May 16, 2005 4:18 PM
`Sent:
`Jane Parnham; Emily Pacheco
`To:
`cc:
`MMM
`RE: Discovery Committee Telephone Conference - ITC Inv. No. 337-TA-528
`Subject:
`If you are dialing internationally, the dial-in number is 1-404-724-4665 with the same passcode - 137260
`#.
`
`IF I'OIi HAVE RECENED THIS TRAr\'SiWISSTOhT I N ERROR, PLEASE I-MhfEDIATELY NOTIFY US €31' COLLECT CAT,T,
`(202) 167-6300, BY FACSIMILE (202) 466-2006, OR BY ELECTROhrlC iM4IL amstmdducr.corn.
`
`

`
`-----Original Message-----
`Emily Pacheco
`From:
`Sent:
`Monday, May 16, 2005 4:06 PM
`'dlmcn@mcneight.net'; John K. Abokhair, Esq.; Robert D. Katz, Esq.; Shauna M. Wertheim Esq. (E-mail); Steven R. Pedersen, Esq.
`To:
`Cc: Tom Schaumberg; Michael McManus; Michael Doane; Sarah Hamblin
`Discovery Committee Telephone Conference - lTC Inv. No. 337-TA-528
`Subject:
`There is a Discovery Committee telephone conference scheduled for tomorrow, Tuesday, May
`17, 2005, at 9:30 am. The call-in number is 1-800-294-4202, followed by 13726W.
`
`Please do not hesitate to contact our office if you have any questions.
`
`Regards,
`
`Emily Pacheco
`Paralegal
`Adduci, Mastriani & Schaumberg, LLP
`1200 Seventeenth Street, N.W., 5th Floor
`Washington, DC 20036
`(202) 467-6300
`(202) 466-2006: fax
`
`THIS ELECTRONIC MESSAGE AND ATTACHMENTS, IF ANY, ARE INTENDED ONLY FOR THE
`INDIVIDUAL OR ENTITY NAMED ABOVE (OR THOSE PROPERLY ENTITLED TO ACCESS THE
`INFORMATION) AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL,
`ATTORNEY-WORK PRODUCT OR OTHERWISE EXEMPT FROM DISCLOSURE UNDER APPLICABLE
`LAW. IF THE READER OF THIS TRANSMISSION IS NOT THE INTENDED OR AN AUTHORIZED
`RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHORIZED DISTRIBUTION,
`DISSEMINATION, OR COPYING OF THIS TRANSMISSION AND THE ATTACHMENTS, IF ANY, IS
`PROHIBITED.
`
`IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY
`COLLECT CALL (202) 467-6300, BY FACSIMILE (202) 466-2006, OR BY ELECTRONIC MAIL
`ams@adduci.com.
`
`2
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing MOTION OF COMPLAINANTS 3M
`COMPANY, 3M INNOVATIVE PROPERTIES COMPANY AND JEAN SILVESTRE
`FOR AN ORDER TO SHOW CAUSE AND DEFAULT JUDGMENT AGAINST
`RESPONDENT JEVTEC, LTD. AND FOR SHORTENED RESPONSE TIME and
`MEMORANDUM IN SUPPORT THEREOF (PUBLIC) was served as indicated, to the
`parties listed below, this 17' day of May 2005:
`
`Marilyn R. Abbott, Secretary
`US. International Trade Commission
`500 E Street, S.W., Room 112A
`Washington, DC 20436
`(VIA HAND DELIVERY - Original + 6 copies)
`
`The Honorable Charles E. Bullock
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W., Room 317
`WaKn@on, DC 20436
`(VIA HAND DELIVERY - 2 copies and
`ELECTRONIC MAIL to Jennifer Whang
`@ Jennifer.Whang@usitc.gov)
`
`Steven R. Pedersen, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Room 401-A
`Washington, DC 20436
`(VIA HAND DELIVERY AND ELECTRONIC MAIL
`- steven.pedersen@usitc.gov)
`
`Counsel for Boss Auto Import, S.A.
`
`Robert D. Katz, Esq.
`COOPER & DUNHAM LLP
`1 185 Avenue of the Americas
`New York, New York 10036
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - rkatz@cooperdunham.com)
`
`Counsel for Intertape Polymer Corporation,
`IPG Administrative Services, Inc.
`and Intertape Polymer Group, Inc.
`
`John K. Abokhair, Esq.
`Shauna M. Wertheim, Esq.
`ROBERTS ABOKHAIR & MARDULA, LLC
`1 1800 Sunrise Valley Drive, Suite 1000
`Reston, Virginia 20 19 1
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - jabokhair@globe-ip.com)
`
`

`
`Respondents
`JEVTEC, LTD.
`Unit 3, Cranage Trading Park
`Goostrey Lane
`Holmes Chapel
`Cheshire CW4 8HE
`UNITED KINGDOM
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - dlmcn@mcneight.net)
`
`CONTINENTAL
`INTERNATIONAL
`~ ~ R K E T I N G
`313 Chun-Fu 11 Road
`Taichung, Taiwan
`REPUBLIC OF CHINA
`(VIA FEDERAL EXPRESS AND ELECTRONIC
`MAIL - gpinchak@wattshoff.com)
`
`Washington, DC 20036
`(202) 467-6300
`
`MMMl00005
`
`2