On May 6, 2015, the Commission issued an Opinion in Certain Crawler Cranes And Components Thereof, Inv. No. 337-TA-887. Complainant, Manitowoc Cranes, LLC (“Manitowoc”), alleged a violation of Section 337 based on both patent infringement and trade secret theft by respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”). In its Opinion, the Commission found that Sany had infringed one of Manitowoc’s patents and had misappropriated Manitowac’s trade secrets relating to: (i) an unfilled market need for certain types of cranes and Manitowoc’s plan to fill that need; (ii) Manitowoc’s detailed embodiment of a crane incorporating its Variable Counterweight Technology; (iii) Manitowoc’s decision that its Variable Counterweight Technology was desirable for use in wind power applications; (iv) Manitowoc’s detailed cost and pricing information; and (v) Manitowoc’s manufacturing processes and procedures. The Commission also found that the importation requirement had been met based on a contract for sale for a model SCC8500 crane, including the UltraLift package, between Sany Heavy Industry Co., Ltd. and Sany America, Inc., even though the UltraLift package had never been manufactured or imported into the United States. The Commission further found that the domestic industry-technical prong had been met with respect to Manitowoc’s patent-based claims. In an earlier Initial Determination, the Administrative Law Judge found that Manitowoc established the existence of a domestic industry-economic prong and, with respect to the trade secret theft allegations, injury to the domestic industry. The Commission determined not to review this ID. The Commission issued a limited exclusion order for respondents’ patent infringement violations, but did not issue a cease and desist order. The Commission issued a limited exclusion order and cease and desist order of 10 years for the trade secret misappropriation, which was equal to “length of time it would have taken the respondent to develop the complainant’s trade secrets.” The Commission also required a bond of 100 percent of the entered value of the respondents’ cranes during the Presidential Review period.