On April 30, 2015, the Commission issued its Opinion in Certain Opaque Polymers,Inv. No. 337-TA-883, affirming the ALJ’s ID that granted a motion for default and sanctions for spoliation of evidence. The Commission affirmed in part joint and several liability for sanctions as to Respondents Organik Kimya San. ve Tic. A.S, Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively “Respondent”) and its U.S. counsel, but reversed the imposition of sanctions on Turkish counsel. The ID found that Respondent engaged in “massive spoliation of evidence” by deleting electronic data and “knowingly and deliberately presented” a “multitude of lies” to cover its wrongdoing. The Commission found that the filing of the sanctions motion provided adequate notice that U.S. counsel could be held jointly and severally liable under Commission Rule 210.33(c). The Commission also found that U.S. counsel’s liability was justified by “false” representations in a letter to the ALJ on behalf of Respondent without “check[ing] the veracity of the explanations in that letter before it was filed”; the failure to safeguard evidence from Respondent’s tampering despite the presence of U.S. counsel in Turkey; and the lack of any evidence that U.S. counsel gave litigation hold instructions or actively attempted to preserve evidence. Commissioner Schmidtlein dissented as to U.S. counsel’s joint and several liability, finding insufficient notice.