[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Page 44384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20811]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-668]


In the Matter of Certain Non-Shellfish Derived Glucosamine and 
Products Containing Same; Notice of Commission Determination To Review 
an Initial Determination Granting a Joint Motion To Terminate the 
Investigation as to Respondent Ethical Naturals, Inc. From the 
Investigation Based Upon a Settlement Agreement; Briefing Schedule

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 an initial determination (``ID'') 
(Order No. 26) granting a joint motion to terminate the investigation 
as to respondent Ethical Naturals, Inc. from the investigation based 
upon a settlement agreement.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://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: This investigation was instituted on March 
4, 2009, based upon a complaint filed on behalf of Cargill, Inc. of 
Wayzata, Minnesota (``Cargill'') on January 28, 2009, and supplemented 
on February 13, 2009. 74 FR 9428 (March 4, 2009). The complaint alleged 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain non-
shellfish derived glucosamine and products containing same that 
infringe certain claims of United States Patent No. 7,049,433. The 
notice of investigation named six firms as respondents.
    On May 27, 2009, Cargill and ENI filed a motion to terminate the 
investigation based upon a settlement agreement and license agreement. 
The ALJ denied this motion. Order No. 23 (June 29, 2009).
    On June 1, 2009, the Commission issued notice of its determination 
not to review an ID terminating the investigation with respect to 
respondents Hygieia Health Co., Ltd. and TSI Health Sciences, Inc. 
based on a settlement agreement. On July 28, 2009, the Commission 
issued notice of its determination not to review an ID terminating the 
investigation with respect to Nantong Foreign Medicines & Health 
Products Co., Ltd. and Tiancheng International, Inc. on the basis of 
withdrawal of the complaint as to these two respondents. On July 30, 
2009, the Commission issued notice of its determination not to review 
an ID terminating the investigation with respect to DNP International, 
Inc. on the basis of a consent order.
    On July 13, 2009, Cargill and respondent ENI filed a second joint 
motion pursuant to Commission Rule 210.21(b) to terminate the 
investigation based upon a settlement agreement and license agreement. 
On July 23, 2009, the Commission investigative attorney filed a 
response in support of the motion.
    On July 24, 2009, the ALJ issued Order No. 26, granting the motion. 
No petitions for review were filed.
    The Commission has determined to review the subject ID. In 
connection with its review, the Commission is particularly interested 
in responses to the following:
[CONFIDENTIAL INFORMATION DELETED]
    The parties are requested to brief their positions with reference 
to the applicable law and the evidentiary record.
    Written Submissions: Parties are requested to file written 
submissions on the issues identified in this notice. The written 
submissions must be filed no later than close of business on September 
7, 2009. Reply submissions must be filed no later than the close of 
business on September 17, 2009. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 sections 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: August 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-20811 Filed 8-27-09; 8:45 am]
BILLING CODE 7020-02-P