Notice2026-10845
Certain Coated Confectionery Products and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
June 1, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Promotion in Motion, Inc. of Park Ridge, New Jersey. A supplement to the complaint was filed on May 6, 2026. The complaint, as supplemented, alleges violations of 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 coated confectionery products and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,750,267 ("the '267 patent") and U.S. Patent No. 11,317,640 ("the '640 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Page 32434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10845]
[[Page 32434]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1501]
Certain Coated Confectionery Products and Components Thereof;
Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 8, 2026, under section 337
of the Tariff Act of 1930, as amended, on behalf of Promotion in
Motion, Inc. of Park Ridge, New Jersey. A supplement to the complaint
was filed on May 6, 2026. The complaint, as supplemented, alleges
violations of 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 coated confectionery products and
components thereof by reason of the infringement of certain claims of
U.S. Patent No. 9,750,267 (``the '267 patent'') and U.S. Patent No.
11,317,640 (``the '640 patent''). The complaint, as supplemented,
further alleges that an industry in the United States exists or is in
the process of being established as required by the applicable Federal
Statute. The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="0742434e54344f626b774772746e736429606871">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 27, 2026, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-15, 20-31, 36-42, 44-47, 50-60, and 63-66 of the '267 patent
and claims 1-3 and 6-20 of the '640 patent, and whether an industry in
the United States exists or is in the process of being established as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``coated fruit snack
products that contain probiotics, and components thereof, including
fruit centers, coatings, and encapsulated probiotics'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Promotion in Motion, Inc., One PIM Plaza, Park Ridge, NJ 07656
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Cibo Vita, Inc., 12 Vreeland Avenue, Totowa, NJ 07512
Cibo Vita Founders, Inc., 1209 Orange St., Wilmington, DE 19801
New Cibo Vita, LLC, 1209 Orange St., Wilmington, DE 19801
AnaBio Technologies, LTD, 11 Herbert Street, Dublin 2, Ireland
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: May 27, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-10845 Filed 5-29-26; 8:45 am]
BILLING CODE 7020-02-P
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