83 FR 28865 - Certain Human Milk Oligosaccharides and Methods of Producing the Same Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 120 (June 21, 2018)
Federal Register Volume 83, Issue 120 (June 21, 2018)
| Page Range | 28865-28866 | |
| FR Document | 2018-13285 |
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)] [Notices] [Pages 28865-28866] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13285] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1120] Certain Human Milk Oligosaccharides and Methods of Producing the 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 April 2, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Glycosyn LLC. An amended complaint was filed on May 16, 2018. An additional supplement to the complaint was also filed on May 25, 2018. The complaint, as amended and supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain human milk oligosaccharides by reason of infringement of U.S. Patent No. 9,453,230 (``the '230 patent'') and U.S. Patent No. 9,970,018 (``the '018 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. 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 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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 14, 2018, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1- 40 of the '230 patent; and claims 1-28 of the '018 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ``2'-fucosyllactose oligosaccharides''; (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (4) 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 complainant is: Glycosyn LLC, 890 Winter Street, Suite 208, Waltham, MA 95131. (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: Jennewein Biotechnologie GmbH, Maarweg 32, D-53619 Rheinbreitbach, Germany. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) 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. [[Page 28866]] Issued: June 15, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-13285 Filed 6-20-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28865
of this or a related proceeding, or (b) in limited exclusion order and cease and presiding administrative law judge shall
internal investigations, audits, reviews, desist orders. take evidence or other information and
and evaluations relating to the ADDRESSES: The complaint, except for hear arguments from the parties and
programs, personnel, and operations of any confidential information contained other interested persons with respect to
the Commission including under 5 therein, is available for inspection the public interest in this investigation,
U.S.C. Appendix 3; or (ii) by U.S. during official business hours (8:45 a.m. as appropriate, and provide the
government employees and contract to 5:15 p.m.) in the Office of the Commission with findings of fact and a
personnel,2 solely for cybersecurity Secretary, U.S. International Trade recommended determination on this
purposes. All nonconfidential written Commission, 500 E Street SW, Room issue, which shall be limited to the
submissions will be available for public 112, Washington, DC 20436, telephone statutory public interest factors set forth
inspection at the Office of the Secretary (202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
and on EDIS.3 individuals are advised that information (4) For the purpose of the
This action is taken under the on this matter can be obtained by investigation so instituted, the following
authority of section 337 of the Tariff Act contacting the Commission’s TDD are hereby named as parties upon which
of 1930, as amended (19 U.S.C. 1337), terminal on (202) 205–1810. Persons this notice of investigation shall be
and of §§ 201.10 and 210.8(c) of the with mobility impairments who will served:
Commission’s Rules of Practice and (a) The complainant is: Glycosyn LLC,
need special assistance in gaining access
Procedure (19 CFR 201.10, 210.8(c)). 890 Winter Street, Suite 208, Waltham,
to the Commission should contact the
MA 95131.
By order of the Commission. Office of the Secretary at (202) 205– (b) The respondents are the following
Issued: June 15, 2018. 2000. General information concerning entities alleged to be in violation of
Lisa Barton, the Commission may also be obtained section 337, and are the parties upon
Secretary to the Commission. by accessing its internet server at which the complaint is to be served:
[FR Doc. 2018–13286 Filed 6–20–18; 8:45 am] https://www.usitc.gov. The public Jennewein Biotechnologie GmbH,
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record for this investigation may be Maarweg 32, D–53619 Rheinbreitbach,
viewed on the Commission’s electronic Germany.
docket (EDIS) at https://edis.usitc.gov. (c) The Office of Unfair Import
INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Investigations, U.S. International Trade
COMMISSION Pathenia M. Proctor, The Office of Commission, 500 E Street SW, Suite
Unfair Import Investigations, U.S. 401, Washington, DC 20436; and
[Investigation No. 337–TA–1120]
International Trade Commission, (5) For the investigation so instituted,
Certain Human Milk Oligosaccharides telephone (202) 205–2560. the Chief Administrative Law Judge,
and Methods of Producing the Same SUPPLEMENTARY INFORMATION: U.S. International Trade Commission,
Institution of Investigation Authority: The authority for shall designate the presiding
institution of this investigation is Administrative Law Judge.
AGENCY: U.S. International Trade contained in section 337 of the Tariff Responses to the complaint and the
Commission. Act of 1930, as amended, 19 U.S.C. 1337 notice of investigation must be
ACTION: Notice. and in section 210.10 of the submitted by the named respondents in
Commission’s Rules of Practice and accordance with section 210.13 of the
SUMMARY: Notice is hereby given that a Commission’s Rules of Practice and
complaint was filed with the U.S. Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having Procedure, 19 CFR 210.13. Pursuant to
International Trade Commission on 19 CFR 201.16(e) and 210.13(a), such
considered the complaint, the U.S.
April 2, 2018, under section 337 of the responses will be considered by the
International Trade Commission, on
Tariff Act of 1930, as amended, on Commission if received not later than 20
June 14, 2018, ordered that—
behalf of Glycosyn LLC. An amended days after the date of service by the
(1) Pursuant to subsection (b) of
complaint was filed on May 16, 2018. Commission of the complaint and the
section 337 of the Tariff Act of 1930, as
An additional supplement to the notice of investigation. Extensions of
amended, an investigation be instituted
complaint was also filed on May 25, time for submitting responses to the
to determine whether there is a
2018. The complaint, as amended and complaint and the notice of
violation of subsection (a)(1)(B) of
supplemented, alleges violations of investigation will not be granted unless
section 337 in the importation into the
section 337 based upon the importation good cause therefor is shown.
United States, the sale for importation,
into the United States, the sale for Failure of a respondent to file a timely
or the sale within the United States after
importation, and the sale within the response to each allegation in the
importation of products identified in
United States after importation of complaint and in this notice may be
paragraph (2) by reason of infringement
certain human milk oligosaccharides by deemed to constitute a waiver of the
of one or more of claims 1–40 of the
reason of infringement of U.S. Patent right to appear and contest the
’230 patent; and claims 1–28 of the ’018
No. 9,453,230 (‘‘the ’230 patent’’) and allegations of the complaint and this
patent; and whether an industry in the
U.S. Patent No. 9,970,018 (‘‘the ’018 notice, and to authorize the
United States exists as required by
patent’’). The complaint further alleges administrative law judge and the
subsection (a)(2) of section 337;
that an industry in the United States (2) Pursuant to section 210.10(b)(1) of Commission, without further notice to
exists as required by the applicable the Commission’s Rules of Practice and the respondent, to find the facts to be as
Federal Statute. Procedure, 19 CFR 210.10(b)(1), the alleged in the complaint and this notice
amozie on DSK3GDR082PROD with NOTICES1
The complainant requests that the and to enter an initial determination
plain language description of the
Commission institute an investigation and a final determination containing
accused products or category of accused
and, after the investigation, issue a such findings, and may result in the
products, which defines the scope of the
investigation, is ‘‘2′-fucosyllactose issuance of an exclusion order or a cease
2 All contract personnel will sign appropriate
oligosaccharides’’; and desist order or both directed against
nondisclosure agreements.
3 Electronic Document Information System (3) Pursuant to Commission Rule the respondent.
(EDIS): https://edis.usitc.gov. 210.50(b)(1), 19 CFR 210.50(b)(1), the By order of the Commission.
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![28866 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
Issued: June 15, 2018. —Evaluate the accuracy of the estimated for an average respondent to
Lisa Barton, agency’s estimate of the burden of the respond: 11,192 respondents per year at
Secretary to the Commission. collection of information, including the 0.75 hours per complaint form.
[FR Doc. 2018–13285 Filed 6–20–18; 8:45 am] validity of the methodology and 6. An estimate of the total public
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assumptions used; burden (in hours) associated with the
—Evaluate whether and if so, how, collection: The estimated annual public
the quality, utility, and clarity of the burden associated with this collection is
information to be collected can be 8,394 hours, which is equal to 11,192
DEPARTMENT OF JUSTICE enhanced; and respondents * .75 hours.
—Minimize the burden of the If additional information is required
[OMB Number 1190–0009]
collection of information on those who contact: Melody Braswell, Department
Agency Information Collection are to respond, including through the Clearance Officer, United States
Activities; Proposed eCollection use of appropriate automated, Department of Justice, Justice
eComments Requested; Extension electronic, mechanical, or other Management Division, Policy and
Without Change of a Currently- technological collection techniques or Planning Staff, Two Constitution
Approved Collection Title II of the other forms of information technology Square, 145 N Street NE, 3E.405A,
Americans With Disabilities Act of (e.g., permitting electronic submission Washington, DC 20530.
1990/Section 504 of the Rehabilitation of responses).
Dated: June 18, 2018.
Act of 1973 Discrimination Complaint Overview of This Information Melody Braswell,
Form Collection Department Clearance Officer for PRA, U.S.
AGENCY: Disability Rights Section, Civil 1. Type of information collection: Department of Justice.
Rights Division, U.S. Department of Extension of Currently Approved [FR Doc. 2018–13312 Filed 6–20–18; 8:45 am]
Justice. Collection. BILLING CODE 4410–13–P
ACTION: 30 Day Notice. 2. The Title of the Form/Collection:
Title II of the Americans with
SUMMARY: The Department of Justice, Disabilities Act/Section 504 of the DEPARTMENT OF LABOR
Civil Rights Division, Disability Rights Rehabilitation Act of 1973
Section, has submitted the following Discrimination Complaint Form. Employment and Training
information collection request to the 3. The agency form number and Administration
Office of Management and Budget for applicable component of the
[OMB Control Number 1205–0457]
review and approval in accordance with Department sponsoring the collection:
the Paperwork Reduction Act of 1995. The document has no agency form Comment Request for Information
The information collection extension is number. The applicable component Collection for Form ETA–9127, Foreign
published to obtain comments from the within the Department of Justice is the Labor Certification Quarterly Activity
public and affected agencies. This Disability Rights Section, Civil Rights Report, Revision of a Currently
proposed information collection was Division. Approved Collection
previously published in the Federal 4. Affected public who will be asked
Register allowing for a 60-day public to respond, as well as a brief abstract: AGENCY: Employment and Training
comment period. Primary: Individuals alleging Administration (ETA), Labor.
discrimination by public entities based ACTION: Notice.
DATES: The Department of Justice
on disability. Under title II of the
encourages public comment and will SUMMARY: The Department of Labor
Americans with Disabilities Act, an
accept input until July 23, 2018. (DOL or Department), as part of its
individual who believes that he or she
FOR FURTHER INFORMATION CONTACT: has been subjected to discrimination on continuing effort to reduce paperwork
Written comments and/or suggestions the basis of disability by a public entity and respondent burden, conducts a
regarding the item(s) contained in this may, by himself or herself or by an preclearance consultation program to
notice, especially regarding the authorized representative, file a provide the public and Federal agencies
estimated public burden and associated complaint. The Department of Justice with an opportunity to comment on
response time should be directed to the must address the complaint or refer the proposed and/or continuing collections
Office of Management and Budget complaint to the appropriate Federal of information in accordance with the
(OMB), Office of Regulatory Affairs, agency. Any Federal agency that Paperwork Reduction Act of 1995. This
Attention: Department of Justice Desk receives a complaint of discrimination program helps ensure that requested
Officer, Washington, DC 20503. on the basis of disability by a public data can be provided in the desired
Additionally, comments may be entity must review the complaint to format, reporting burden (time and
submitted to OMB via facsimile to (202) determine whether it has jurisdiction financial resources) is minimized,
395–7285. under Section 504. If the agency does collection instruments are clearly
SUPPLEMENTARY INFORMATION: Written not have jurisdiction under Section 504, understood, and the impact of collection
comments and suggestions from the it must determine whether it is the requirements on respondents can be
public and affected agencies concerning designated agency responsible for properly assessed.
the proposed collection of information complaints filed against that public Currently, the Employment and
are encouraged. Your comments should entity under title II of the ADA. If the Training Administration (ETA) is
amozie on DSK3GDR082PROD with NOTICES1
address one or more of the following agency does not have jurisdiction under soliciting comments concerning the
four points: section 504 and is not the designated collection of data through Form ETA–
—Evaluate whether the collection of agency under title II of the ADA, it must 9127, Foreign Labor Certification
information is necessary for the proper refer the complaint to the Department of Quarterly Activity Report (Office of
performance of the function of the Justice. Management and Budget (OMB))
agency, including whether the 5. An estimate of the total number of Control Number 1205–0457), which
information will have practical utility; respondents and the amount of time expires October 31, 2018. The Form
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Document Created: 2018-06-21 01:22:52
Document Modified: 2018-06-21 01:22:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 28865 |
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