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.

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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


Current View
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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