82_FR_48728 82 FR 48528 - Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Commission Determination to Review a Final Initial Determination Finding No Section 337 Violation; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

82 FR 48528 - Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Commission Determination to Review a Final Initial Determination Finding No Section 337 Violation; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48528-48529
FR Document2017-22524

Notice is hereby given that the U.S. International Trade Commission has determined to review a final initial determination (``FID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017) 
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48528-48529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22524]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1005]


Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of 
Production; Commission Determination to Review a Final Initial 
Determination Finding No Section 337 Violation; Schedule for Filing 
Written Submissions on the Issues Under Review and on Remedy, the 
Public Interest, and Bonding

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 to review a final initial determination 
(``FID'') of the presiding administrative law judge (``ALJ'') finding 
no violation of section 337 of the Tariff Act of 1930, as amended. The 
Commission requests certain briefing from the parties on the issues 
under review, as indicated in this notice. The Commission also requests 
briefing from the parties and interested persons on the issues of 
remedy, the public interest, and bonding.

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 are 
or will be 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., Washington, DC 20436, 
telephone (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. 
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 Investigation No. 
337-TA-1005 on June 14, 2016, based on a complaint filed by 
Complainants Ajinomoto Co., Inc. of Tokyo, Japan and Ajinomoto 
Heartland Inc. of Chicago, Illinois (collectively, ``Ajinomoto'' or 
``Complainants''). See 81 FR 38735-6 (June 14, 2016). The complaint, as 
supplemented, 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 L-tryptophan, L-tryptophan 
products, and their methods of production, by reason of infringement of 
certain claims of U.S. Patent No. 7,666,655 (``the '655 patent'') and 
U.S. Patent No. 6,180,373 (``the '373 patent''). Id. The notice of 
investigation identified CJ CheilJedang Corp. of Seoul, Republic of 
Korea; CJ America, Inc. of Downers Grove, Illinois; and PT CheilJedang 
Indonesia of Jakarta, Indonesia (collectively ``CJ'' or 
``Respondents'') as respondents in this investigation. See id. The 
Office of Unfair Import Investigations is not a party to the 
investigation.
    On August 11, 2017, the ALJ issued his FID finding no violation of 
section 337. Specifically, the FID finds that: (1) Respondents' accused 
products do not infringe the asserted claims of the '373 or the '655 
patents either literally or under the doctrine of equivalents; (2) 
claim 10 of the '373 patent is invalid for indefiniteness and lack of 
written description; (3) claim 20 of the '655 patent is invalid for 
lack of written description; and (4) Complainants' products do not 
satisfy the technical prong of the domestic industry requirement with 
respect to the '655 or the '373 patents. In addition, should the 
Commission find a violation of section 337, the RD recommends that the 
Commission issue: (1) A limited exclusion order against Respondents' 
accused products; and (2) a cease and desist order against Respondent 
CJ America.
    The Commission has determined to review the FID in its entirety. In 
connection with its review, the parties are requested to brief their 
positions with reference to the applicable law and the evidentiary 
record regarding the questions provided below:
    1. Please explain, with textual support from the McKitrick 
reference (JX-5), discussed at column 6, lines 29-37 of the '373 
patent, whether McKitrick discloses measuring serine sensitivity via a 
forward assay, a reverse assay, or both.
    2. Please explain whether and why the specific conditions and 
methods of McKitrick (JX-5) and Bauerle (JX-37), discussed in the '373 
patent specification, were not closely followed to establish 
infringement of the '373 patent. Please provide factual as well as 
legal support to explain whether the methods employed provide adequate 
proof of infringement.
    3. Assuming prosecution history estoppel arising from the amendment 
of the term a ``protein that has several amino acid deletions, 
substitutions, insertions, or additions as compared to SEQ ID NO:2'' 
during prosecution of the '655 patent, is relevant to the scope of the 
term ``said protein consists of the amino acid sequence of SEQ ID NO: 
2'' in claim 9, please explain whether or not any estoppel presumption 
is rebutted.
    4. Please explain the relevance of Exhibit CX-487 (Random House 
Dictionary definition of ``replace'') on the claim construction of the 
term ``replacing the native promoter'' in the '655 patent claims and 
include a copy of the CX-487 exhibit.
    In addition, in connection with the final disposition of this 
investigation, the Commission may (1) issue an order that could result 
in the exclusion of the subject articles from entry into the United 
States, and/or (2) issue one or more cease and desist orders that could 
result in the respondent(s) being required to cease and desist from 
engaging in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994) (Comm'n Op.).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.

[[Page 48529]]

    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the questions identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the asserted patents expire and 
the HTSUS numbers under which the accused products are imported. 
Complainants are further requested to supply the names of known 
importers of the products at issue in this investigation.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on October 27, 2017. Reply submissions 
must be filed no later than the close of business on November 3, 2017. 
No further submissions on any of these issues will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
(8) true paper copies to the Office of the Secretary by noon the next 
day pursuant to section 210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1005'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: October 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-22524 Filed 10-17-17; 8:45 am]
 BILLING CODE 7020-02-P

48528 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices Issued: October 12, 2017. Ajinomoto Co., Inc. of Tokyo, Japan and to establish infringement of the ’373 Lisa R. Barton, Ajinomoto Heartland Inc. of Chicago, patent. Please provide factual as well as Secretary to the Commission. Illinois (collectively, ‘‘Ajinomoto’’ or legal support to explain whether the [FR Doc. 2017–22522 Filed 10–17–17; 8:45 am] ‘‘Complainants’’). See 81 FR 38735–6 methods employed provide adequate BILLING CODE 7020–02–P (June 14, 2016). The complaint, as proof of infringement. supplemented, alleges violations of 3. Assuming prosecution history section 337 of the Tariff Act of 1930, as estoppel arising from the amendment of INTERNATIONAL TRADE amended (19 U.S.C. 1337), based upon the term a ‘‘protein that has several COMMISSION the importation into the United States, amino acid deletions, substitutions, the sale for importation, and the sale insertions, or additions as compared to [Investigation No. 337–TA–1005] within the United States after SEQ ID NO:2’’ during prosecution of the importation of certain L-tryptophan, L- ’655 patent, is relevant to the scope of Certain L-Tryptophan, L-Tryptophan the term ‘‘said protein consists of the tryptophan products, and their methods Products, and Their Methods of amino acid sequence of SEQ ID NO: 2’’ of production, by reason of infringement Production; Commission in claim 9, please explain whether or of certain claims of U.S. Patent No. Determination to Review a Final Initial not any estoppel presumption is 7,666,655 (‘‘the ’655 patent’’) and U.S. Determination Finding No Section 337 rebutted. Patent No. 6,180,373 (‘‘the ’373 patent’’). Violation; Schedule for Filing Written 4. Please explain the relevance of Id. The notice of investigation identified Submissions on the Issues Under CJ CheilJedang Corp. of Seoul, Republic Exhibit CX–487 (Random House Review and on Remedy, the Public of Korea; CJ America, Inc. of Downers Dictionary definition of ‘‘replace’’) on Interest, and Bonding Grove, Illinois; and PT CheilJedang the claim construction of the term AGENCY: U.S. International Trade Indonesia of Jakarta, Indonesia ‘‘replacing the native promoter’’ in the Commission. (collectively ‘‘CJ’’ or ‘‘Respondents’’) as ’655 patent claims and include a copy respondents in this investigation. See of the CX–487 exhibit. ACTION: Notice. id. The Office of Unfair Import In addition, in connection with the SUMMARY: Notice is hereby given that Investigations is not a party to the final disposition of this investigation, the U.S. International Trade investigation. the Commission may (1) issue an order Commission has determined to review a On August 11, 2017, the ALJ issued that could result in the exclusion of the final initial determination (‘‘FID’’) of the his FID finding no violation of section subject articles from entry into the presiding administrative law judge 337. Specifically, the FID finds that: (1) United States, and/or (2) issue one or (‘‘ALJ’’) finding no violation of section Respondents’ accused products do not more cease and desist orders that could 337 of the Tariff Act of 1930, as infringe the asserted claims of the ’373 result in the respondent(s) being amended. The Commission requests or the ’655 patents either literally or required to cease and desist from certain briefing from the parties on the under the doctrine of equivalents; (2) engaging in unfair acts in the issues under review, as indicated in this claim 10 of the ’373 patent is invalid for importation and sale of such articles. notice. The Commission also requests indefiniteness and lack of written Accordingly, the Commission is briefing from the parties and interested description; (3) claim 20 of the ’655 interested in receiving written persons on the issues of remedy, the patent is invalid for lack of written submissions that address the form of public interest, and bonding. description; and (4) Complainants’ remedy, if any, that should be ordered. products do not satisfy the technical If a party seeks exclusion of an article FOR FURTHER INFORMATION CONTACT: from entry into the United States for prong of the domestic industry Houda Morad, Office of the General purposes other than entry for requirement with respect to the ’655 or Counsel, U.S. International Trade consumption, the party should so the ’373 patents. In addition, should the Commission, 500 E Street SW., indicate and provide information Commission find a violation of section Washington, DC 20436, telephone (202) establishing that activities involving 337, the RD recommends that the 708–4716. Copies of non-confidential other types of entry either are adversely Commission issue: (1) A limited documents filed in connection with this exclusion order against Respondents’ affecting it or likely to do so. For investigation are or will be available for accused products; and (2) a cease and background, see Certain Devices for inspection during official business desist order against Respondent CJ Connecting Computers via Telephone hours (8:45 a.m. to 5:15 p.m.) in the America. Lines, Inv. No. 337–TA–360, USITC Office of the Secretary, U.S. The Commission has determined to Pub. No. 2843 (Dec. 1994) (Comm’n International Trade Commission, 500 E review the FID in its entirety. In Op.). Street SW., Washington, DC 20436, connection with its review, the parties If the Commission contemplates some telephone (202) 205–2000. General are requested to brief their positions form of remedy, it must consider the information concerning the Commission with reference to the applicable law and effects of that remedy upon the public may also be obtained by accessing its the evidentiary record regarding the interest. The factors the Commission Internet server at https://www.usitc.gov. questions provided below: will consider include the effect that an The public record for this investigation 1. Please explain, with textual support exclusion order and/or cease and desist may be viewed on the Commission’s from the McKitrick reference (JX–5), orders would have on (1) the public electronic docket (EDIS) at https:// discussed at column 6, lines 29–37 of health and welfare, (2) competitive edis.usitc.gov. Hearing-impaired the ’373 patent, whether McKitrick conditions in the U.S. economy, (3) U.S. persons are advised that information on discloses measuring serine sensitivity production of articles that are like or ethrower on DSK3G9T082PROD with NOTICES this matter can be obtained by via a forward assay, a reverse assay, or directly competitive with those that are contacting the Commission’s TDD both. subject to investigation, and (4) U.S. terminal on (202) 205–1810. 2. Please explain whether and why consumers. The Commission is SUPPLEMENTARY INFORMATION: The the specific conditions and methods of therefore interested in receiving written Commission instituted Investigation No. McKitrick (JX–5) and Bauerle (JX–37), submissions that address the 337–TA–1005 on June 14, 2016, based discussed in the ’373 patent aforementioned public interest factors on a complaint filed by Complainants specification, were not closely followed in the context of this investigation. VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1

Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48529 If the Commission orders some form confidence must request confidential 3. Ratification List. of remedy, the U.S. Trade treatment. All such requests should be 4. Vote in Inv. No. TA–201–75 (Remedy) Representative, as delegated by the directed to the Secretary to the (Crystalline Silicon Photovoltaic President, has 60 days to approve or Commission and must include a full Cells (Whether or Not Partially or disapprove the Commission’s action. statement of the reasons why the Fully Assembled into Other See Presidential Memorandum of July Commission should grant such Products)). 21, 2005, 70 FR 43251 (July 26, 2005). treatment. See 19 CFR 201.6. Documents 5. Outstanding action jackets: None. During this period, the subject articles for which confidential treatment by the In accordance with Commission would be entitled to enter the United Commission is properly sought will be policy, subject matter listed above, not States under bond, in an amount treated accordingly. All information, disposed of at the scheduled meeting, determined by the Commission and including confidential business may be carried over to the agenda of the prescribed by the Secretary of the information and documents for which following meeting. Treasury. The Commission is therefore confidential treatment is properly interested in receiving submissions By order of the Commission. sought, submitted to the Commission for concerning the amount of the bond that purposes of this Investigation may be Issued: October 16, 2017. should be imposed if a remedy is disclosed to and used: (i) By the William R. Bishop, ordered. Commission, its employees and Offices, Supervisory Hearings and Information Written Submissions: The parties to and contract personnel (a) for Officer. the investigation are requested to file developing or maintaining the records [FR Doc. 2017–22690 Filed 10–16–17; 4:15 pm] written submissions on the questions of this or a related proceeding, or (b) in BILLING CODE 7020–02–P identified in this notice. Parties to the internal investigations, audits, reviews, investigation, interested government and evaluations relating to the agencies, and any other interested programs, personnel, and operations of DEPARTMENT OF JUSTICE parties are encouraged to file written the Commission including under 5 submissions on the issues of remedy, U.S.C. Appendix 3; or (ii) by U.S. Federal Bureau of Investigation the public interest, and bonding. Such government employees and contract submissions should address the [OMB Number 1110–NEW] personnel,1 solely for cybersecurity recommended determination by the ALJ purposes. All non-confidential written on remedy and bonding. Complainants Agency Information Collection submissions will be available for public Activities; Proposed eCollection are also requested to submit proposed inspection at the Office of the Secretary remedial orders for the Commission’s eComments Requested; Existing and on EDIS. Collection in Use Without and OMB consideration. Complainants are also The authority for the Commission’s requested to state the date that the Number FBI Hazardous Devices determination is contained in section School Application asserted patents expire and the HTSUS 337 of the Tariff Act of 1930, as numbers under which the accused amended (19 U.S.C. 1337), and in part AGENCY: Hazardous Device School products are imported. Complainants 210 of the Commission’s Rules of Critical Incident Response Group, are further requested to supply the Practice and Procedure (19 CFR part Federal Bureau of Investigation, names of known importers of the 210). Department of Justice. products at issue in this investigation. By order of the Commission. ACTION: 60-Day notice. Written submissions and proposed remedial orders must be filed no later Issued: October 12, 2017. SUMMARY: The Department of Justice than close of business on October 27, Lisa R. Barton, (DOJ), Federal Bureau of Investigation 2017. Reply submissions must be filed Secretary to the Commission. (FBI), Critical Incident Response Group no later than the close of business on [FR Doc. 2017–22524 Filed 10–17–17; 8:45 am] (CIRG), Hazardous Devices School November 3, 2017. No further BILLING CODE 7020–02–P (HDS) will be submitting the following submissions on any of these issues will information collection request to the be permitted unless otherwise ordered Office of Management and Budget by the Commission. INTERNATIONAL TRADE (OMB) for review and approval in Persons filing written submissions COMMISSION accordance with the Paperwork must file the original document [USITC SE–17–049] Reduction Act of 1995. The proposed electronically on or before the deadlines information collection is published to stated above and submit eight (8) true Government in the Sunshine Act obtain comments from the public and paper copies to the Office of the Meeting Notice affected agencies. Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s DATES: Comments are encouraged and AGENCY HOLDING THE MEETING: United will be accepted for 60 days until Rules of Practice and Procedure (19 CFR States International Trade Commission. 210.4(f)). Submissions should refer to December 18, 2017. TIME AND DATE: October 31, 2017 at FOR FURTHER INFORMATION CONTACT: If the investigation number (‘‘Inv. No. 337–TA–1005’’) in a prominent place on 11:00 a.m. you have additional comments the cover page and/or the first page. (See PLACE: Room 101, 500 E Street SW., especially on the estimated public Handbook for Electronic Filing Washington, DC 20436, Telephone: burden or associated response time, Procedures, https://www.usitc.gov/ (202) 205–2000. suggestions, or need a copy of the ethrower on DSK3G9T082PROD with NOTICES secretary/fed_reg_notices/rules/ STATUS: Open to the public. proposed information collection handbook_on_electronic_filing.pdf). MATTERS TO BE CONSIDERED: instrument with instructions or Persons with questions regarding filing 1. Agendas for future meetings: None. additional information, please contact should contact the Secretary (202–205– 2. Minutes. Mark H. Wall, Supervisory Management 2000). and Program Analyst, FBI, Hazardous Any person desiring to submit a 1 All contract personnel will sign appropriate Devices School, 7010 Redstone Road, document to the Commission in nondisclosure agreements. Huntsville, AL 35898. VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1


Document Created: 2017-10-18 01:37:56
Document Modified: 2017-10-18 01:37:56
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.
ContactHouda 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 are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation82 FR 48528 
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