Notice2025-12792
Certain Human Milk Oligosaccharides and Methods of Producing the Same; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the Limited Exclusion Order; Termination of the Rescission Proceeding
Primary source
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Published
July 10, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to institute a rescission proceeding and to rescind the limited exclusion order issued in the underlying investigation. The rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Notices]
[Pages 30682-30683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12792]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1120 (Rescission)]
Certain Human Milk Oligosaccharides and Methods of Producing the
Same; Notice of Commission Decision To Institute a Rescission
Proceeding and To Rescind the Limited Exclusion Order; Termination of
the Rescission Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to institute a
rescission proceeding and to rescind the limited exclusion order issued
in the underlying investigation. The rescission proceeding is
terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#f6b3b2bfa5c5be939a86b683859f8295d8919980"><span class="__cf_email__" data-cfemail="cf8a8b869cfc87aaa3bf8fbabca6bbace1a8a0b9">[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 June 21, 2018, based on a complaint filed by Glycosyn LLC of
Waltham, Massachusetts (``Complainant''). See 83 FR 28865-66 (June 21,
2018). The complaint, as amended and supplemented, alleged violations
of section 337 the Tariff Act, as amended, 19 U.S.C. 1337 (``section
337'') based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain human milk oligosaccharides and methods of producing the same,
by reason of infringement of certain claims of U.S. Patent Nos.
9,453,230 (``the '230 patent'') and 9,970,018 (``the '018 patent'').
The notice of investigation named as respondent in this investigation:
Jennewein Biotechnologie GmbH of Rheinbreitbach, Germany, now Chr.
Hansen HMO GmbH (``Respondent''). See id. The Office of Unfair Import
Investigations was also a party to the investigation. See id.
The Commission previously terminated the '230 patent in its
entirety and certain claims of the '018 patent. See Order No. 5 (Aug.
9, 2018), unreviewed by Comm'n Notice (Aug. 29, 2018); Order No. 15
(Oct. 30, 2018), unreviewed by Comm'n Notice (Nov. 29, 2018); Order No.
17 (Nov. 19, 2018), unreviewed by Comm'n Notice (Dec. 12, 2018); Order
No. 25 (Feb. 8, 2019), unreviewed by Comm'n Notice (Feb. 28, 2019).
On May 19, 2020, the Commission issued a final determination
finding a violation of section 337 based on patent infringement of
certain claims of the '018 patent with respect to certain bacterial
strains. The Commission issued a limited exclusion order barring the
unlicensed entry of certain human milk oligosaccharides that are
imported by or on behalf of Respondent and that are produced with the
infringing strains. On September 17, 2021, the United States Court of
Appeals for the Federal Circuit affirmed the Commission's final
determination. See Jennewein Biotechnologie GmbH v. ITC, No. 20-2220,
2021 WL 4250784 (Fed. Cir. Sept. 17, 2021) (unpublished).
On June 6, 2025, Complainant filed an unopposed petition to rescind
the limited exclusion order based on a settlement agreement between
Complainant and Respondent. No response to the petition was received.
As stated in the Commission Order issued concurrently herewith, the
Commission finds that the conditions which led to the issuance of the
limited exclusion order no longer exist and, therefore, a rescission of
the limited exclusion order is warranted under section 337(k) (19
U.S.C. 1337(k)) and
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Commission Rule 210.76(a) (19 CFR 210.76(a)). The Commission has thus
determined to institute a rescission proceeding and to rescind the
limited exclusion order issued in the underlying investigation. The
rescission proceeding is terminated.
The Commission's notice and order were delivered to the Secretary
of the Treasury on the day of their issuance.
The Commission's vote for this determination took place on July 7,
2025.
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: July 7, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-12792 Filed 7-9-25; 8:45 am]
BILLING CODE 7020-02-P
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