The ITC has issued the public version of an Initial Determination in a Section 337 investigation on Certain Crawler Cranes And Components Thereof, Inv. No. 337-TA-887. The complainant, Manitowoc Cranes, LLC, a U.S. manufacturer of crawler cranes, alleged that Sany Heavy Industry Co. and its affiliates misappropriated its trade secrets and used them in the importation of competing crawler cranes into the U.S. In his Initial Determination, the ALJ affirmed earlier ITC and Federal Circuit pronouncements that a uniform federal standard applied in trade secret theft cases The ALJ also held that the following information constituted trade secrets: (1) Manitowoc’s market research and identification of a specific need for a certain type of crawler crane used in the wind industry and the development of a product to meet that need; (2) Manitowoc’s information about dealer discounts and profit margins; (3) Manitowoc’s Charpy requirements (i.e., the minimum technical requirements) of the metal alloys used in its cranes; and (4) Manitowoc’s method of fabricating its booms and method of processing large weldments. The ALJ then held that these trade secrets had been misappropriated as a consequence of a disclosure by a former Manitowoc employee to Sany. In a separate opinion, the ALJ held that the lease of a single Sany crane injured or threatened to injure the domestic crawler crane industry. The Commission affirmed the ALJ’s decision in March. Finally, the ITC recommended that the Commission impose an exclusion order against Sany and its affiliates for a period of 5-10 years. The full Commission has until November 19, 2014 to review the ALJ’s Initial Determination, make the final agency decision, and implement a remedy.