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)

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, 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.

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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