81_FR_85868 81 FR 85640 - Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same; Institution of Investigation

81 FR 85640 - Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 228 (November 28, 2016)

Page Range85640-85641
FR Document2016-28498

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 26, 2016, under the Tariff Act of 1930, on behalf of Celanese International Corporation and Celanese Sales U.S. Ltd., both of Irving,Texas, and Celanese IP Hungary Bt, of Hungary.

Federal Register, Volume 81 Issue 228 (Monday, November 28, 2016)
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85640-85641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28498]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1030]


Certain High-Potency Sweeteners, Processes for Making Same, and 
Products Containing Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 26, 2016, under the 
Tariff Act of 1930, on behalf of Celanese International Corporation and 
Celanese Sales U.S. Ltd., both of Irving,Texas, and Celanese IP Hungary 
Bt, of Hungary.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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

[[Page 85641]]

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 https://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION: The complaint alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation into the United States, the sale for importation, and 
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 U.S. Patent No. 
9,024,016 (``the '016 patent''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 21, 2016, 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 high-potency 
sweeteners, processes for making same, and products containing same by 
reason of infringement of one or more of claims 1-3 and 10 of the '016 
patent, and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) 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 complainants are:

Celanese International Corporation, 222 West Las Colinas Boulevard, 
Suite 900N, Irving, TX 75039
Celanese Sales U.S. Ltd., 222 West Las Colinas Boulevard, Suite 900N, 
Irving, TX 75039
Celanese IP Hungary Bt, V[aacute]ci [uacute]t 33, Budapest, 1134 
Hungary

    (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:

Suzhou Hope Technology Co., Ltd., No. 18 Sanjiali Road, Nansha Jingang 
Town, Zhangjiagang County, Suzhou City, 215632 Jiangsu Province, China
Anhui Jinhe Industrial Co., Ltd., 127 East Street, Lai'an County, 
Anhui, 239200 China
Vitasweet Co., Ltd., Peking Times Square, No. 103, Huizhongli, Chaoyang 
District, Beijing, 100101 China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: November 22, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-28498 Filed 11-25-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                  85640                      Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices

                                                  the Commission’s TDD terminal on 202–                   parties to the investigations under the               the best of the submitter’s knowledge. In
                                                  205–1810. Persons with mobility                         APO issued in the investigations,                     making the certification, the submitter
                                                  impairments who will need special                       provided that the application is made                 will acknowledge that any information
                                                  assistance in gaining access to the                     not later than seven days after the                   that it submits to the Commission
                                                  Commission should contact the Office                    publication of this notice in the Federal             during these investigations may be
                                                  of the Secretary at 202–205–2000.                       Register. A separate service list will be             disclosed to and used: (i) By the
                                                  General information concerning the                      maintained by the Secretary for those                 Commission, its employees and Offices,
                                                  Commission may also be obtained by                      parties authorized to receive BPI under               and contract personnel (a) for
                                                  accessing its internet server (https://                 the APO.                                              developing or maintaining the records
                                                  www.usitc.gov). The public record for                      Conference.—The Commission’s                       of this/these or related investigations or
                                                  these investigations may be viewed on                   Director of Investigations has scheduled              reviews, or (b) in internal investigations,
                                                  the Commission’s electronic docket                      a conference in connection with these                 audits, reviews, and evaluations relating
                                                  (EDIS) at https://edis.usitc.gov.                       investigations for 9:30 a.m. on Friday,               to the programs, personnel, and
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          December 9, 2016, at the U.S.                         operations of the Commission including
                                                     Background.—These investigations                     International Trade Commission                        under 5 U.S.C. Appendix 3; or (ii) by
                                                  are being instituted, pursuant to                       Building, 500 E Street SW., Washington,               U.S. government employees and
                                                  sections 703(a) and 733(a) of the Tariff                DC. Requests to appear at the conference              contract personnel, solely for
                                                  Act of 1930 (19 U.S.C. 1671b(a) and                     should be emailed to William.bishop@                  cybersecurity purposes. All contract
                                                                                                          usitc.gov and Sharon.bellamy@usitc.gov                personnel will sign appropriate
                                                  1673b(a)), in response to a petition filed
                                                                                                          (DO NOT FILE ON EDIS) on or before                    nondisclosure agreements.
                                                  on November 18, 2016, on behalf of the
                                                                                                          December 7, 2016. Parties in support of
                                                  Coalition for Fair Trade in Hardwood                                                                            Authority: These investigations are being
                                                                                                          the imposition of countervailing and
                                                  Plywood, which is comprised of                                                                                conducted under authority of title VII of the
                                                                                                          antidumping duties in these                           Tariff Act of 1930; this notice is published
                                                  Columbia Forest Products (Greensboro,
                                                                                                          investigations and parties in opposition              pursuant to section 207.12 of the
                                                  North Carolina); Commonwealth
                                                                                                          to the imposition of such duties will                 Commission’s rules.
                                                  Plywood Inc. (Whitehall, New York);
                                                                                                          each be collectively allocated one hour                 By order of the Commission.
                                                  Roseburg Forest Products Co. (Roseburg,
                                                                                                          within which to make an oral
                                                  Oregon); States Industries Inc. (Eugene,                                                                        Issued: November 21, 2016.
                                                                                                          presentation at the conference. A
                                                  Oregon); and Timber Products Com.                       nonparty who has testimony that may                   Lisa R. Barton,
                                                  (Springfield, Oregon).                                  aid the Commission’s deliberations may                Secretary to the Commission.
                                                     For further information concerning                   request permission to present a short                 [FR Doc. 2016–28485 Filed 11–25–16; 8:45 am]
                                                  the conduct of these investigations and                 statement at the conference.                          BILLING CODE 7020–02–P
                                                  rules of general application, consult the                  Written submissions.—As provided in
                                                  Commission’s Rules of Practice and                      sections 201.8 and 207.15 of the
                                                  Procedure, part 201, subparts A and B                   Commission’s rules, any person may                    INTERNATIONAL TRADE
                                                  (19 CFR part 201), and part 207,                        submit to the Commission on or before                 COMMISSION
                                                  subparts A and B (19 CFR part 207).                     December 14, 2016, a written brief
                                                     Participation in the investigations and                                                                    [Investigation No. 337–TA–1030]
                                                                                                          containing information and arguments
                                                  public service list.—Persons (other than                pertinent to the subject matter of the                Certain High-Potency Sweeteners,
                                                  petitioners) wishing to participate in the              investigations. Parties may file written              Processes for Making Same, and
                                                  investigations as parties must file an                  testimony in connection with their                    Products Containing Same; Institution
                                                  entry of appearance with the Secretary                  presentation at the conference. All                   of Investigation
                                                  to the Commission, as provided in                       written submissions must conform with
                                                  sections 201.11 and 207.10 of the                       the provisions of section 201.8 of the                AGENCY: U.S. International Trade
                                                  Commission’s rules, not later than seven                Commission’s rules; any submissions                   Commission.
                                                  days after publication of this notice in                that contain BPI must also conform with               ACTION: Notice.
                                                  the Federal Register. Industrial users                  the requirements of sections 201.6,
                                                  and (if the merchandise under                                                                                 SUMMARY:   Notice is hereby given that a
                                                                                                          207.3, and 207.7 of the Commission’s
                                                  investigation is sold at the retail level)                                                                    complaint was filed with the U.S.
                                                                                                          rules. The Commission’s Handbook on
                                                  representative consumer organizations                                                                         International Trade Commission on
                                                                                                          E-Filing, available on the Commission’s
                                                  have the right to appear as parties in                                                                        October 26, 2016, under the Tariff Act
                                                                                                          Web site at https://edis.usitc.gov,
                                                  Commission antidumping duty and                                                                               of 1930, on behalf of Celanese
                                                                                                          elaborates upon the Commission’s rules
                                                  countervailing duty investigations. The                                                                       International Corporation and Celanese
                                                                                                          with respect to electronic filing.
                                                  Secretary will prepare a public service                    In accordance with sections 201.16(c)              Sales U.S. Ltd., both of Irving,Texas,
                                                  list containing the names and addresses                 and 207.3 of the rules, each document                 and Celanese IP Hungary Bt, of
                                                  of all persons, or their representatives,               filed by a party to the investigations                Hungary.
                                                  who are parties to these investigations                 must be served on all other parties to                ADDRESSES: The complaint, except for
                                                  upon the expiration of the period for                   the investigations (as identified by                  any confidential information contained
                                                  filing entries of appearance.                           either the public or BPI service list), and           therein, is available for inspection
                                                     Limited disclosure of business                       a certificate of service must be timely               during official business hours (8:45 a.m.
                                                  proprietary information (BPI) under an                  filed. The Secretary will not accept a                to 5:15 p.m.) in the Office of the
                                                  administrative protective order (APO)                   document for filing without a certificate             Secretary, U.S. International Trade
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and BPI service list.—Pursuant to                       of service.                                           Commission, 500 E Street SW., Room
                                                  section 207.7(a) of the Commission’s                       Certification.—Pursuant to section                 112, Washington, DC 20436, telephone
                                                  rules, the Secretary will make BPI                      207.3 of the Commission’s rules, any                  (202) 205–2000. Hearing impaired
                                                  gathered in these investigations                        person submitting information to the                  individuals are advised that information
                                                  available to authorized applicants                      Commission in connection with these                   on this matter can be obtained by
                                                  representing interested parties (as                     investigations must certify that the                  contacting the Commission’s TDD
                                                  defined in 19 U.S.C. 1677(9)) who are                   information is accurate and complete to               terminal on (202) 205–1810. Persons


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                                                                             Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices                                                 85641

                                                  with mobility impairments who will                      this notice of investigation shall be                   By order of the Commission.
                                                  need special assistance in gaining access               served:                                                 Issued: November 22, 2016.
                                                  to the Commission should contact the                       (a) The complainants are:                          Lisa R. Barton,
                                                  Office of the Secretary at (202) 205–                   Celanese International Corporation, 222               Secretary to the Commission.
                                                  2000. General information concerning                       West Las Colinas Boulevard, Suite                  [FR Doc. 2016–28498 Filed 11–25–16; 8:45 am]
                                                  the Commission may also be obtained                        900N, Irving, TX 75039                             BILLING CODE 7020–02–P
                                                  by accessing its Internet server at                     Celanese Sales U.S. Ltd., 222 West Las
                                                  https://www.usitc.gov. The public                          Colinas Boulevard, Suite 900N, Irving,
                                                  record for this investigation may be                       TX 75039                                           DEPARTMENT OF JUSTICE
                                                  viewed on the Commission’s electronic                   Celanese IP Hungary Bt, Váci út 33,
                                                  docket (EDIS) at https://edis.usitc.gov.                   Budapest, 1134 Hungary                             [OMB Number 1122—NEW]
                                                  FOR FURTHER INFORMATION CONTACT: The                       (b) The respondents are the following
                                                                                                                                                                Agency Information Collection
                                                  Office of Unfair Import Investigations,                 entities alleged to be in violation of
                                                                                                                                                                Activities; Proposed eCollection
                                                  U.S. International Trade Commission,                    section 337, and are the parties upon
                                                                                                                                                                eComments Requested; New
                                                  telephone (202) 205–2560.                               which the complaint is to be served:
                                                                                                                                                                Collection: STOP Formula Grant
                                                                                                          Suzhou Hope Technology Co., Ltd., No.                 Program Match Documentation
                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                             18 Sanjiali Road, Nansha Jingang                   Worksheet
                                                  complaint alleges violations of section
                                                                                                             Town, Zhangjiagang County, Suzhou
                                                  337 of the Tariff Act of 1930, as                                                                             AGENCY:  Office on Violence Against
                                                                                                             City, 215632 Jiangsu Province, China
                                                  amended, 19 U.S.C. 1337, based upon                                                                           Women, Department of Justice.
                                                                                                          Anhui Jinhe Industrial Co., Ltd., 127
                                                  the importation into the United States,
                                                                                                             East Street, Lai’an County, Anhui,                 ACTION: 60-day notice.
                                                  the sale for importation, and the sale
                                                                                                             239200 China
                                                  within the United States after                          Vitasweet Co., Ltd., Peking Times                     SUMMARY:    The Department of Justice,
                                                  importation of certain high-potency                        Square, No. 103, Huizhongli,                       Office on Violence Against Women
                                                  sweeteners, processes for making same,                     Chaoyang District, Beijing, 100101                 (OVW) will be submitting the following
                                                  and products containing same by reason                     China                                              information collection request to the
                                                  of infringement of certain claims of U.S.                                                                     Office of Management and Budget
                                                  Patent No. 9,024,016 (‘‘the ’016 patent’’).                (c) The Office of Unfair Import
                                                                                                                                                                (OMB) for review and approval in
                                                  The complaint further alleges that an                   Investigations, U.S. International Trade
                                                                                                                                                                accordance with the Paperwork
                                                  industry in the United States exists as                 Commission, 500 E Street SW., Suite
                                                                                                                                                                Reduction Act of 1995.
                                                  required by subsection (a)(2) of section                401, Washington, DC 20436; and
                                                                                                             (3) For the investigation so instituted,           DATES: Comments are encouraged and
                                                  337.                                                                                                          will be accepted for 60 days until
                                                     The complainants request that the                    the Chief Administrative Law Judge,
                                                                                                          U.S. International Trade Commission,                  January 27, 2017.
                                                  Commission institute an investigation
                                                                                                          shall designate the presiding                         FOR FURTHER INFORMATION CONTACT: If
                                                  and, after the investigation, issue a
                                                                                                          Administrative Law Judge.                             you have additional comments
                                                  general exclusion order, or in the
                                                                                                             Responses to the complaint and the                 especially on the estimated public
                                                  alternative a limited exclusion order,
                                                                                                          notice of investigation must be                       burden or associated response time,
                                                  and cease and desist orders.
                                                                                                          submitted by the named respondents in                 suggestions, or need a copy of the
                                                     Authority: The authority for                         accordance with section 210.13 of the                 proposed information collection
                                                  institution of this investigation is                    Commission’s Rules of Practice and                    instrument with instructions or
                                                  contained in section 337 of the Tariff                  Procedure, 19 CFR 210.13. Pursuant to                 additional information, please contact
                                                  Act of 1930, as amended, and in section                 19 CFR 201.16(e) and 210.13(a), such                  Cathy Poston, Office on Violence
                                                  210.10 of the Commission’s Rules of                     responses will be considered by the                   Against Women, at 202–514–5430 or
                                                  Practice and Procedure, 19 CFR 210.10                   Commission if received not later than 20              Catherine.poston@usdoj.gov.
                                                  (2016).                                                 days after the date of service by the                 SUPPLEMENTARY INFORMATION: Written
                                                     Scope of Investigation: Having                       Commission of the complaint and the                   comments and suggestions from the
                                                  considered the complaint, the U.S.                      notice of investigation. Extensions of                public and affected agencies concerning
                                                  International Trade Commission, on                      time for submitting responses to the                  the proposed collection of information
                                                  November 21, 2016, Ordered That—                        complaint and the notice of                           are encouraged. Your comments should
                                                     (1) Pursuant to subsection (b) of                    investigation will not be granted unless              address one or more of the following
                                                  section 337 of the Tariff Act of 1930, as               good cause therefor is shown.                         four points:
                                                  amended, an investigation be instituted                    Failure of a respondent to file a timely             (1) Evaluate whether the proposed
                                                  to determine whether there is a                         response to each allegation in the                    collection of information is necessary
                                                  violation of subsection (a)(1)(B) of                    complaint and in this notice may be                   for the proper performance of the
                                                  section 337 in the importation into the                 deemed to constitute a waiver of the                  functions of the agency, including
                                                  United States, the sale for importation,                right to appear and contest the                       whether the information will have
                                                  or the sale within the United States after              allegations of the complaint and this                 practical utility;
                                                  importation of certain high-potency                     notice, and to authorize the                            (2) Evaluate the accuracy of the
                                                  sweeteners, processes for making same,                  administrative law judge and the                      agencys estimate of the burden of the
                                                  and products containing same by reason                  Commission, without further notice to                 proposed collection of information,
                                                  of infringement of one or more of claims                the respondent, to find the facts to be as            including the validity of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  1–3 and 10 of the ’016 patent, and                      alleged in the complaint and this notice              methodology and assumptions used;
                                                  whether an industry in the United                       and to enter an initial determination                   (3) Enhance the quality, utility, and
                                                  States exists as required by subsection                 and a final determination containing                  clarity of the information to be
                                                  (a)(2) of section 337;                                  such findings, and may result in the                  collected; and
                                                     (2) For the purpose of the                           issuance of an exclusion order or a cease               (4) Minimize the burden of the
                                                  investigation so instituted, the following              and desist order or both directed against             collection of information on those who
                                                  are hereby named as parties upon which                  the respondent.                                       are to respond, including through the


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Document Created: 2018-02-14 08:36:17
Document Modified: 2018-02-14 08:36:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation81 FR 85640 

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