Certain Coated Confectionery Products and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Unopposed Motion To Amend the Complaint and Notice of Investigation
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Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 7) of the presiding Administrative Law Judge ("ALJ") granting complainant's unopposed motion to amend the complaint and notice of investigation to add AnaBio Technologies Unlimited Company of Dublin, Ireland, as a respondent ("Added Respondent") and to terminate respondent AnaBio Technologies, LTD. of Dublin, Ireland ("Terminated Respondent").
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<title>Federal Register, Volume 91 Issue 171 (Friday, September 4, 2026)</title>
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[Federal Register Volume 91, Number 171 (Friday, September 4, 2026)]
[Notices]
[Pages 56899-56900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18102]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1501]
Certain Coated Confectionery Products and Components Thereof;
Notice of Commission Determination Not To Review an Initial
Determination Granting Complainant's Unopposed Motion To Amend the
Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 7) of the presiding Administrative Law Judge
(``ALJ'') granting complainant's unopposed motion to amend the
complaint and notice of investigation to add AnaBio Technologies
Unlimited Company of Dublin, Ireland, as a respondent (``Added
Respondent'') and to terminate respondent AnaBio Technologies, LTD. of
Dublin, Ireland (``Terminated Respondent'').
FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., 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#82c7c6cbd1b1cae7eef2c2f7f1ebf6e1ace5edf4"><span class="__cf_email__" data-cfemail="7c3938352f4f3419100c3c090f15081f521b130a">[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 1, 2026, based on a complaint filed by Promotion in Motion,
Inc. (``Complainant'') of Park Ridge, New Jersey. 91 FR 32434 (June 1,
2026). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C.
[[Page 56900]]
1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain coated confectionery products and components thereof by reason
of infringement of certain claims of U.S. Patent Nos. 9,750,267 and
11,317,640. Id. The complaint further alleges that a domestic industry
exists or is in the process of being established. Id. In addition to
the Terminated Respondent, the notice of investigation named the
following respondents: Cibo Vita, Inc. of Totowa, New Jersey; Cibo Vita
Founders, Inc. of Wilmington, Delaware; and New Cibo Vita, LLC of
Wilmington, Delaware (collectively, ``Respondents''). Id. The Office of
Unfair Import Investigations is not participating in the investigation.
Id.
On July 30, 2026, Complainant filed a motion to amend the complaint
and notice of investigation to add the Added Respondent and to
terminate the Terminated Respondent. The motion states that Respondents
do not oppose the motion.
On August 3, 2026, the ALJ issued the subject ID (Order No. 7)
granting the motion pursuant to Commission Rule 210.21(a)(1) and
210.14(b), 19 CFR 210.21(a)(1) and 210.14(b). In accordance with
Commission Rule 210.21(a)(1), the ID notes that ``there are no
agreements written or oral, express or implied . . . between
Complainant and the Terminated Respondent.'' ID at 4. In addition, the
ID finds good cause under Commission Rule 210.14(b) for adding the
Added Respondent because the ``identification of the substitute entity
was based on information obtained during discovery.'' Id. The ID also
finds no prejudice to the public interest or the rights of the parties
participating in this investigation. Id. at 5. The ID explains that the
proposed amendment ``will not necessitate a change in the substantive
scope of the investigation because the proposed amendment is
essentially a substitution.'' Id. The ID further finds that ``the
investigation is still in relatively early stages and there are several
months remaining in fact discovery.'' Id.
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. AnaBio
Technologies Unlimited Company is added as a respondent in this
investigation, and AnaBio Technologies, LTD. is terminated from the
investigation.
The Commission vote for this determination took place on September
1, 2026.
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: September 1, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-18102 Filed 9-3-26; 8:45 am]
BILLING CODE 7020-02-P
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