In the Matter of Certain Acesulfame Potassium and Blends and Products Containing Same; Notice of Decision to Extend the Deadline for Determining Whether to Review an Initial Determination Finding No Violation of Section 337 and an Order Denying a Motion for Sanctions

[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Notices]
[Page 2232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-754]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-403]


In the Matter of Certain Acesulfame Potassium and Blends and 
Products Containing Same; Notice of Decision to Extend the Deadline for 
Determining Whether to Review an Initial Determination Finding No 
Violation of Section 337 and an Order Denying a Motion for Sanctions

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 extend by seven (7) days, or until January 14, 1999, the deadline for determining whether to review an initial determination (ID) issued by the presiding administrative law judge (ALJ) in the above-captioned investigation finding no violation of section 337 of the Tariff Act of 1930 and ALJ Order No. 23, which denied a motion for sanctions.

For Further Information Contact

Cynthia P. Johnson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-3098. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (www.usitc.gov).

Supplementary Information

The Commission instituted this investigation on November 14, 1997, based on a complaint filed by Nutrinova Nutrition Specialties and Food Ingredients GmbH of Frankfurt am Main, Federal Republic of Germany, and Nutrinova Inc., of Somerset, New Jersey (collectively referred to as ``complainants''). 62 FR 62070 (1997). The complaint named four respondents--Hangzhou Sanhe Food Company Ltd., of Zheijiang, People's Republic of China; JRS International, Inc., of Garfield, New Jersey; Dingsheng, Inc., of Temple City, California; and WYZ Tech., of Chino, California. Hangzhou Sanhe Food Additives Factory, of Hangzhou, Zheijiang, Peoples Republic of China was subsequently added as a respondent. Complainants alleged that respondents had violated section 337 by importing into the United States, selling for importation, and/or selling within the United States after importation certain acesulfame potassium or blends or products containing same by reason of infringement of claims 1, 2, 3, 4 or 5 of U.S. Letters Patent 4,695,629 (``the `629 patent'') or claims 1 or 2 of U.S. Letters Patent 4,158,068 (``the `068 patent''). Acesulfame potassium is an artificial sweetener. The ALJ held a tutorial on the technology of artificial sweeteners and the processes for their manufacture on June 5, 1998. The evidentiary hearing was held from June 29, 1998, to July 10, 1998. On May 12, 1998, complainants filed a motion seeking the imposition of monetary and non-monetary sanctions against respondents for respondents' failure to provide timely discovery. The motion was supported in part and opposed in part by the Commission investigative attorney (IA) and opposed by respondents. On August 14, 1998, the ALJ issued Order No. 23, denying complainants' motion for sanctions, but offering complainants an opportunity to seek reopening of the record for the purpose of presenting additional facts and arguments relevant to respondents' belatedly-produced discovery. Complainants declined to seek reopening of the record. On November 20, 1998, the ALJ issued his final ID, in which he concluded that there was no violation of section 337, based on the following findings: (a) claims 1-5 of the `629 patent are not infringed by respondents' accused process; (b) claims 1-2 of the `068 patent are invalid as obvious over the prior art; ( c) claims 1-2 of the `068 patent are not infringed by respondents' accused product. On December 3, 1998, complainants filed a petition for review of the ID and Order No. 23, arguing that the ALJ erred in all of his adverse findings relating to failure to impose sanctions and in his infringement analysis of the `629 patent. Complainants did not petition for review of the findings in the ID with respect to the `068 patent. The IA also petitioned for review of Order No. 23 and the ID on policy grounds. On December 10, 1998, respondents filed a response to the petitions for review. The IA also filed a response to complainants' petition for review. This action is taken under the authority of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, and section 210.42(h)(2) of the Commission of Practice and Procedure, 19 CFR 210.42(h)(2). Copies of the nonconfidential version of Order No. 23 and the ID, and all other nonconfidential 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 S.W., Washington, D.C. 20436, telephone 202-205-2000. Hearing impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on 202-205-1810.

Issued: January 7, 1999.

By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 99-754 Filed 1-12-99; 8:45 am] BILLING CODE 7020-02-P