Notice2021-18431
Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Granting Leave To Amend the Complaint and Notice of Investigation To Add Respondents
Primary source
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Published
August 26, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 14) of the presiding administrative law judge ("ALJ"), granting leave to amend the complaint and notice of investigation to add as respondents Amerisweet Co., Ltd.; Batory Foods; DMH Ingredients Inc.; Fortway Chemicals Co.; Ingredient Supply Corporation; Nutravative Ingredients; Nutrisprinter Limited; Polestar Development Limited; Qingdao Samin Chemical Co.; Rochem International Inc.; and V-Chem Trading Ltd. (collectively, the "Proposed Respondents").
Full Text
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<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Page 47658]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18431]
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INTERNATIONAL TRADE COMMISSION
[Investigation Number 337-TA-1264]
Certain High-Potency Sweeteners, Processes for Making Same, and
Products Containing Same; Notice of a Commission Determination Not To
Review an Initial Determination Granting Leave To Amend the Complaint
and Notice of Investigation To Add Respondents
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 14) of the presiding administrative
law judge (``ALJ''), granting leave to amend the complaint and notice
of investigation to add as respondents Amerisweet Co., Ltd.; Batory
Foods; DMH Ingredients Inc.; Fortway Chemicals Co.; Ingredient Supply
Corporation; Nutravative Ingredients; Nutrisprinter Limited; Polestar
Development Limited; Qingdao Samin Chemical Co.; Rochem International
Inc.; and V-Chem Trading Ltd. (collectively, the ``Proposed
Respondents'').
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#fabfbeb3a9c9b29f968aba8f89938e99d49d958c"><span class="__cf_email__" data-cfemail="50151419036318353c201025233924337e373f26">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 14, 2021. 86 FR 26544 (May 14, 2021). The complaint, as
supplemented, was filed by complainants Celanese International
Corporation of Irving, Texas; Celanese (Malta) Company 2 Limited of
Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas
(collectively, ``Celanese''), and alleged violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain high-potency sweeteners,
processes for making same, and products containing same by reason of
infringement of certain claims of United States Patent Nos. 10,023,546;
10,208,004; 10,590,098; 10,233,163; and 10,590,095. Id. The complaint
further alleged that a domestic industry exists. Id. The Commission's
notice of investigation named twelve respondents, including respondents
Anhui Jinhe Industrial Co., Ltd., and Jinhe USA LLC (collectively,
``Jinhe'') and Prinova US LLC (``Prinova''). Id. The Office of Unfair
Import Investigations (``OUII'') is also participating in this
investigation. Id.
On July 9, 2021, Celanese moved for leave to add the Proposed
Respondents to the complaint and notice of investigation. On July 21,
2021, Jinhe filed a brief opposing Celanese's motion on the grounds
that certain of the Proposed Respondents could have been identified by
Celanese in its original complaint, and that the current respondents,
OUII, and the Proposed Respondents will be prejudiced by the addition
of respondents at this stage of the investigation. The same day,
Prinova filed a notice indicating that it joined Jinhe's opposition.
Also, on the same day, OUII filed a brief supporting Celanese's motion.
On August 6, 2021, the ALJ issued the subject ID granting
Celanese's motion. The subject ID is based on the ALJ's subsidiary
findings that Celanese has shown good cause to add allegations to the
complaint that the Proposed Respondents have violated section 337 and
that the current parties are unlikely to suffer prejudice due to the
addition of the Proposed Respondents to the investigation. No petitions
for review of the ID were received.
The Commission has determined not to review the subject ID. The
notice of investigation is hereby amended to add the following as
respondents to the investigation:
1. Amerisweet Co., Ltd.;
2. Batory Foods;
3. DMH Ingredients Inc.;
4. Fortway Chemicals Co.;
5. Ingredient Supply Corporation;
6. Nutravative Ingredients;
7. Nutrisprinter Limited;
8. Polestar Development Limited;
9. Qingdao Samin Chemical Co.;
10. Rochem International Inc.; and
11. V-Chem Trading Ltd.
The Commission vote for this determination took place on August 23,
2021.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: August 23, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18431 Filed 8-25-21; 8:45 am]
BILLING CODE 7020-02-P
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