82_FR_56275 82 FR 56049 - Certain Glucosylated Steviol Glycosides, and Products Containing Same Institution of Investigation

82 FR 56049 - Certain Glucosylated Steviol Glycosides, and Products Containing Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range56049-56050
FR Document2017-25479

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 20, 2017, under the Tariff Act of 1930, as amended, on behalf of PureCircle USA Inc. of Oak Brook, Illinois and PureCircle Sdn Bhd of Malaysia. A supplement was filed on November 13, 2017. The complaint, as supplemented, alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain glucosylated steviol glycosides, and products containing same by reason of infringement of U.S. Patent No. 9,420,815 (``the '815 patent''). The complaint 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 complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56049-56050]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25479]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1085]


Certain Glucosylated Steviol Glycosides, 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 20, 2017, under the 
Tariff Act of 1930, as amended, on behalf of PureCircle USA Inc. of Oak 
Brook, Illinois and PureCircle Sdn Bhd of Malaysia. A supplement was 
filed on November 13, 2017. The complaint, as supplemented, alleges 
violations of the Tariff Act based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain glucosylated steviol glycosides, and 
products containing same by reason of infringement of U.S. Patent No. 
9,420,815 (``the '815 patent''). The complaint 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 complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained

[[Page 56050]]

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 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 20, 2017, 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 glucosylated 
steviol glycosides, and products containing same by reason of 
infringement of one or more of claims 1-14 of the `815 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) 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:

PureCircle USA Inc., 915 Harger Road, Suite 250, Oak Brook, IL 60523
PureCircle Sdn Bhd, Level 12, West Wing, Rohas PureCircle, No. 9 Jalan 
P. Ramlee, 50250 Kuala Lumpur, Malaysia

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Sweet Green Fields USA LLC, 11 Bellwether Way, Suite 305, Bellingham, 
WA 98225
Sweet Green Fields Co., Ltd., 11 Bellwether Way, Suite 305, Bellingham, 
WA 98225
Ningbo Green-Health Pharma-ceutical Co., Ltd., a/k/a NB Green-Health 
Pharma-ceutical Co., Ltd., Fenghua Xiwu Town Foreign Technological 
Garden Fenghua, Zip Code: 315505, Ningbo, Zhejiang, China

    (3) 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: November 20, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25479 Filed 11-24-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                               Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices                                                 56049

                                                       On October 27, 2017, Complainant                     Commencement of Final Phase                           Federal Register of October 12, 2017 (82
                                                    filed a motion to terminate the                         Investigations                                        FR 47578). The conference was held in
                                                    investigation in its entirety under                        Pursuant to section 207.18 of the                  Washington, DC, on October 26, 2017,
                                                    Commission Rule 210.21(a)(1), based on                  Commission’s rules, the Commission                    and all persons who requested the
                                                    a withdrawal of the complaint. Order                    also gives notice of the commencement                 opportunity were permitted to appear in
                                                    No. 5 at 1. Respondent submitted a                      of the final phase of its investigations.             person or by counsel.
                                                    response but did not oppose the motion                  The Commission will issue a final phase                 The Commission made these
                                                    to terminate. Id. at 1–2.                               notice of scheduling, which will be                   determinations pursuant to sections
                                                       On November 6, 2017, the ALJ issued                  published in the Federal Register as                  703(a) and 733(a) of the Act (19 U.S.C.
                                                    the subject ID granting the motion and                  provided in section 207.21 of the                     1671b(a) and 1673b(a)). It completed
                                                    terminating the investigation in its                    Commission’s rules, upon notice from                  and filed its determinations in these
                                                    entirety. Id. at 3. The ALJ found that the              the Department of Commerce                            investigations on November 20, 2017.
                                                    motion complies with the Commission                     (‘‘Commerce’’) of affirmative                         The views of the Commission are
                                                    Rules and that termination of the                       preliminary determinations in the                     contained in USITC Publication 4743
                                                    investigation is not contrary to the                    investigations under sections 703(b) or               (November 2017), entitled Forged Steel
                                                    public interest. Id. at 2. The ALJ also                 733(b) of the Act, or, if the preliminary             Fittings from China, Italy, and Taiwan:
                                                    found that no extraordinary                             determinations are negative, upon                     Investigation Nos. 701–TA–589 and
                                                    circumstances prevent termination of                    notice of affirmative final                           731–TA–1394–1396 (Preliminary).
                                                    the investigation based on a withdrawal                 determinations in those investigations                  By order of the Commission.
                                                    of the complaint. Id.                                   under sections 705(a) or 735(a) of the                  Issued: November 20, 2017.
                                                       No petitions for review were filed.                  Act. Parties that filed entries of                    Katherine M. Hiner,
                                                    The Commission has determined not to                    appearance in the preliminary phase of                Supervisory Attorney.
                                                    review the ID.                                          the investigations need not enter a                   [FR Doc. 2017–25478 Filed 11–24–17; 8:45 am]
                                                       The authority for the Commission’s                   separate appearance for the final phase               BILLING CODE 7020–02–P
                                                    determination is contained in section                   of the investigations. Industrial users
                                                    337 of the Tariff Act of 1930, as                       and, if the merchandise under
                                                    amended, 19 U.S.C. 1337, and in part                    investigation is sold at the retail level,            INTERNATIONAL TRADE
                                                    210 of the Commission’s Rules of                        representative consumer organizations                 COMMISSION
                                                    Practice and Procedure, 19 CFR part                     have the right to appear as parties in
                                                    210.                                                    Commission antidumping and                            [Inv. No. 337–TA–1085]
                                                      By order of the Commission.                           countervailing duty investigations. The               Certain Glucosylated Steviol
                                                      Issued: November 21, 2017.                            Secretary will prepare a public service               Glycosides, and Products Containing
                                                    Katherine M. Hiner,                                     list containing the names and addresses               Same Institution of Investigation
                                                                                                            of all persons, or their representatives,
                                                    Supervisory Attorney.
                                                                                                            who are parties to the investigations.                AGENCY: U.S. International Trade
                                                    [FR Doc. 2017–25543 Filed 11–24–17; 8:45 am]
                                                                                                                                                                  Commission.
                                                    BILLING CODE 7020–02–P                                  Background
                                                                                                                                                                  ACTION: Notice.
                                                                                                               On October 5, 2017, Bonney Forge
                                                                                                            Corporation, Mount Union,                             SUMMARY:   Notice is hereby given that a
                                                    INTERNATIONAL TRADE                                     Pennsylvania and the United Steel,                    complaint was filed with the U.S.
                                                    COMMISSION                                              Paper, and Forestry, Rubber,                          International Trade Commission on
                                                                                                            Manufacturing, Energy, Allied                         October 20, 2017, under the Tariff Act
                                                    [Investigation Nos. 701–TA–589 and 731–                 Industrial and Service Workers                        of 1930, as amended, on behalf of
                                                    TA–1394–1396 (Preliminary)]                             International Union, Pittsburgh,                      PureCircle USA Inc. of Oak Brook,
                                                                                                            Pennsylvania filed petitions with the                 Illinois and PureCircle Sdn Bhd of
                                                    Determinations; Forged Steel Fittings                   Commission and Commerce, alleging                     Malaysia. A supplement was filed on
                                                    From China, Italy, and Taiwan                           that an industry in the United States is              November 13, 2017. The complaint, as
                                                       On the basis of the record 1 developed               materially injured or threatened with                 supplemented, alleges violations of the
                                                    in the subject investigations, the United               material injury by reason of LTFV and                 Tariff Act based upon the importation
                                                    States International Trade Commission                   subsidized imports of forged steel                    into the United States, the sale for
                                                    (‘‘Commission’’) determines, pursuant                   fittings from China and LTFV imports of               importation, and the sale within the
                                                    to the Tariff Act of 1930 (‘‘the Act’’),                forged steel fittings from Italy and                  United States after importation of
                                                    that there is a reasonable indication that              Taiwan. Accordingly, effective October                certain glucosylated steviol glycosides,
                                                    an industry in the United States is                     5, 2017, the Commission, pursuant to                  and products containing same by reason
                                                    materially injured by reason of imports                 sections 703(a) and 733(a) of the Act (19             of infringement of U.S. Patent No.
                                                    of forged steel fittings from China, Italy,             U.S.C. 1671b(a) and 1673b(a)), instituted             9,420,815 (‘‘the ’815 patent’’). The
                                                    and Taiwan, provided for in                             countervailing duty investigation No.                 complaint further alleges that an
                                                    subheadings 7307.99.10, 7307.99.30,                     701–TA–589 and antidumping duty                       industry in the United States exists or
                                                    and 7307.99.50 of the Harmonized Tariff                 investigation Nos. 731–TA–1394–1396                   is in the process of being established as
                                                                                                                                                                  required by the applicable Federal
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Schedule of the United States, that are                 (Preliminary).
                                                    alleged to be sold in the United States                    Notice of the institution of the                   Statute.
                                                    at less than fair value (‘‘LTFV’’) and to               Commission’s investigations and of a                     The complainants request that the
                                                    be subsidized by the government of                      public conference to be held in                       Commission institute an investigation
                                                    China.                                                  connection therewith was given by                     and, after the investigation, issue a
                                                                                                            posting copies of the notice in the Office            limited exclusion order and a cease and
                                                      1 The record is defined in sec. 207.2(f) of the       of the Secretary, U.S. International                  desist order.
                                                    Commission’s Rules of Practice and Procedure (19        Trade Commission, Washington, DC,                     ADDRESSES: The complaint, except for
                                                    CFR 207.2(f)).                                          and by publishing the notice in the                   any confidential information contained


                                               VerDate Sep<11>2014   16:59 Nov 24, 2017   Jkt 244001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\27NON1.SGM   27NON1


                                                    56050                      Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

                                                    therein, is available for inspection                      (b) The respondent is the following                 INTERNATIONAL TRADE
                                                    during official business hours (8:45 a.m.               entity alleged to be in violation of                  COMMISSION
                                                    to 5:15 p.m.) in the Office of the                      section 337, and is the party upon
                                                                                                                                                                  [Investigation Nos. 701–TA–579–580 and
                                                    Secretary, U.S. International Trade                     which the complaint is to be served:                  731–TA–1369–1372 (Final)]
                                                    Commission, 500 E Street SW., Room
                                                    112, Washington, DC 20436, telephone                    Sweet Green Fields USA LLC, 11
                                                                                                              Bellwether Way, Suite 305,                          Fine Denier Polyester Staple Fiber
                                                    (202) 205–2000. Hearing impaired                                                                              From China, India, Korea, and Taiwan;
                                                    individuals are advised that information                  Bellingham, WA 98225
                                                                                                                                                                  Scheduling of the Final Phase of
                                                    on this matter can be obtained by                       Sweet Green Fields Co., Ltd., 11                      Countervailing Duty and Antidumping
                                                    contacting the Commission’s TDD                           Bellwether Way, Suite 305,                          Duty Investigations
                                                    terminal on (202) 205–1810. Persons                       Bellingham, WA 98225
                                                    with mobility impairments who will                                                                            AGENCY: United States International
                                                                                                            Ningbo Green-Health Pharma-ceutical                   Trade Commission.
                                                    need special assistance in gaining access
                                                                                                              Co., Ltd., a/k/a NB Green-Health                    ACTION: Notice.
                                                    to the Commission should contact the
                                                                                                              Pharma-ceutical Co., Ltd., Fenghua
                                                    Office of the Secretary at (202) 205–
                                                    2000. General information concerning                      Xiwu Town Foreign Technological                     SUMMARY:    The Commission hereby gives
                                                    the Commission may also be obtained                       Garden Fenghua, Zip Code: 315505,                   notice of the scheduling of the final
                                                    by accessing its Internet server at                       Ningbo, Zhejiang, China                             phase of antidumping and
                                                    https://www.usitc.gov. The public                                                                             countervailing duty investigation Nos.
                                                                                                               (3) For the investigation so instituted,           701–TA–579–580 and 731–TA–1369–
                                                    record for this investigation may be                    the Chief Administrative Law Judge,
                                                    viewed on the Commission’s electronic                                                                         1372 (Final) pursuant to the Tariff Act
                                                                                                            U.S. International Trade Commission,                  of 1930 (‘‘the Act’’) to determine
                                                    docket (EDIS) at https://edis.usitc.gov.                shall designate the presiding                         whether an industry in the United
                                                    FOR FURTHER INFORMATION CONTACT:                        Administrative Law Judge. The Office of               States is materially injured or
                                                    Pathenia M. Proctor, The Office of                      Unfair Import Investigations will not                 threatened with material injury, or the
                                                    Unfair Import Investigations, U.S.                      participate as a party in this                        establishment of an industry in the
                                                    International Trade Commission,                         investigation.                                        United States is materially retarded, by
                                                    telephone (202) 205–2560.
                                                                                                               Responses to the complaint and the                 reason of imports of fine denier
                                                    SUPPLEMENTARY INFORMATION:                                                                                    polyester staple fiber (‘‘fine denier
                                                                                                            notice of investigation must be
                                                       Authority: The authority for                         submitted by the named respondents in                 PSF’’) from China, India, Korea, and
                                                    institution of this investigation is                    accordance with section 210.13 of the                 Taiwan, provided for in subheading
                                                    contained in section 337 of the Tariff                                                                        5503.20.00 of the Harmonized Tariff
                                                                                                            Commission’s Rules of Practice and
                                                    Act of 1930, as amended, 19 U.S.C. 1337                                                                       Schedule of the United States. Imports
                                                                                                            Procedure, 19 CFR 210.13. Pursuant to
                                                    and in section 210.10 of the                                                                                  of this product from China and India
                                                                                                            19 CFR 201.16(e) and 210.13(a), such
                                                    Commission’s Rules of Practice and                                                                            have been preliminarily determined by
                                                    Procedure, 19 CFR 210.10 (2017).                        responses will be considered by the
                                                                                                            Commission if received not later than 20              the Department of Commerce to be
                                                       Scope of Investigation: Having                                                                             subsidized. Determinations with respect
                                                    considered the complaint, the U.S.                      days after the date of service by the
                                                                                                            Commission of the complaint and the                   to imports of fine denier PSF alleged to
                                                    International Trade Commission, on                                                                            be sold at less than fair value are
                                                    November 20, 2017, ordered that—                        notice of investigation. Extensions of
                                                                                                                                                                  pending.
                                                       (1) Pursuant to subsection (b) of                    time for submitting responses to the
                                                    section 337 of the Tariff Act of 1930, as               complaint and the notice of                           DATES:   November 6, 2017.
                                                    amended, an investigation be instituted                 investigation will not be granted unless              FOR FURTHER INFORMATION CONTACT:
                                                    to determine whether there is a                         good cause therefor is shown.                         Jordan Harriman (202–205–2610), Office
                                                    violation of subsection (a)(1)(B) of                       Failure of a respondent to file a timely           of Investigations, U.S. International
                                                    section 337 in the importation into the                 response to each allegation in the                    Trade Commission, 500 E Street SW.,
                                                    United States, the sale for importation,                                                                      Washington, DC 20436. Hearing-
                                                                                                            complaint and in this notice may be
                                                    or the sale within the United States after                                                                    impaired persons can obtain
                                                                                                            deemed to constitute a waiver of the
                                                    importation of certain glucosylated                                                                           information on this matter by contacting
                                                                                                            right to appear and contest the
                                                    steviol glycosides, and products                                                                              the Commission’s TDD terminal on 202–
                                                                                                            allegations of the complaint and this                 205–1810. Persons with mobility
                                                    containing same by reason of                            notice, and to authorize the
                                                    infringement of one or more of claims                                                                         impairments who will need special
                                                                                                            administrative law judge and the                      assistance in gaining access to the
                                                    1–14 of the ‘815 patent; and whether an
                                                                                                            Commission, without further notice to                 Commission should contact the Office
                                                    industry in the United States exists or
                                                                                                            the respondent, to find the facts to be as            of the Secretary at 202–205–2000.
                                                    is in the process of being established as
                                                    required by subsection (a)(2) of section                alleged in the complaint and this notice              General information concerning the
                                                    337;                                                    and to enter an initial determination                 Commission may also be obtained by
                                                       (2) For the purpose of the                           and a final determination containing                  accessing its Internet server (https://
                                                    investigation so instituted, the following              such findings, and may result in the                  www.usitc.gov). The public record for
                                                    are hereby named as parties upon which                  issuance of an exclusion order or a cease             these investigations may be viewed on
                                                                                                            and desist order or both directed against             the Commission’s electronic docket
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    this notice of investigation shall be
                                                    served:                                                 the respondent.                                       (EDIS) at https://edis.usitc.gov.
                                                       (a) The complainants are:                              By order of the Commission.                         SUPPLEMENTARY INFORMATION:
                                                    PureCircle USA Inc., 915 Harger Road,                     Issued: November 20, 2017.                            Scope.—For purposes of these
                                                       Suite 250, Oak Brook, IL 60523                                                                             investigations, the Department of
                                                                                                            Katherine M. Hiner,
                                                    PureCircle Sdn Bhd, Level 12, West                                                                            Commerce has defined the subject
                                                       Wing, Rohas PureCircle, No. 9 Jalan P.               Supervisory Attorney.                                 merchandise as, ‘‘fine denier polyester
                                                       Ramlee, 50250 Kuala Lumpur,                          [FR Doc. 2017–25479 Filed 11–24–17; 8:45 am]          staple fiber (fine denier PSF), not carded
                                                       Malaysia                                             BILLING CODE 7020–02–P                                or combed, measuring less than 3.3


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Document Created: 2017-11-25 01:09:06
Document Modified: 2017-11-25 01:09:06
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.
ContactPathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation82 FR 56049 

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