The Federal Circuit recently decided Organik Kimya et al. v.
International Trade Commission, Nos. 2015-1774 and 2015-1833,
affirming the International Trade Commission's
("Commission") decision imposing a default judgment as a
sanction for Respondent Organik's spoliation of evidence and
entry of a 25-year limited exclusion order against Organik.
Background
In the underlying investigation, Certain Opaque
Polymers, Inv. No. 337-TA-883, U.S. companies, Dow Chemical
Co., Rohm and Haas Co., and Rohm and Haas Chemicals LLC
(collectively, "Dow"), accused Turkish companies, Organik
Kimya San Ve Tic. A.Ş., Organik Kimya Netherlands B.V., and
Organik Kimya U.S., Inc. (collectively, "Organik"), of
violating Section 337 of the Tariff Act of 1930 by, inter
alia, importing into and selling in the U.S. certain opaque
polymers allegedly produced using trade secrets misappropriated
from Dow. Both Dow and Organik manufacture opaque polymers, which
are hollow spheres used as paint
