[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26645-26646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9047]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-604]


In the Matter of Certain Sucralose, Sweeteners Containing 
Sucralose, and Related Intermediate Compounds Thereof; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 6, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Tate & Lyle Technology Limited of London, United Kingdom and Tate & 
Lyle Sucralose, Inc. of Decatur, Illinois. Supplemental letters were 
filed on April 13, April 18, April 23, and April 25, 2007. The 
complaint, as supplemented, alleges violations of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain sucralose, 
sweeteners containing sucralose, and related intermediate compounds 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
5,470,969, 5,034,551, 4,980,463, 5,498,709, and 7,049,435. The 
complaint, as supplemented, further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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 http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Anne M. Goalwin, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2574.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 7, 2007, 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 sucralose, 
sweeteners containing sucralose, and related intermediates compounds 
thereof by reason of infringement of one or more of claims 20-26, 28, 
and 29 of U.S. Patent No. 5,470,969; claims 1-4 and 11-22 of U.S. 
Patent No. 5,034,551; claims 1-3 and 16-18 of U.S. Patent No. 
4,980,463; claims 8, 9, and 13 of U.S. Patent No. 5,498,709; and claim 
1 of U.S. Patent No. 7,049,435; and whether an industry in the United 
States exists 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--Tate & Lyle Technology Limited, Sugar 
Quay, Lower Thames Street, London EC3R 6DQ, United Kingdom.

Tate & Lyle Sucralose, Inc., 2200 East Eldorado Street, Decatur, IL 
62525.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint, 
as supplemented, is to be served:

AIDP, Inc., 17920 East Ajax Circle, City of Industry, California 91748.
Beijing Forbest Chemical Co., Ltd, Room 2 1801, Building 2, Yard 3, 
District 1, Fangqunyuan, Fangzhuang, Fengtai District, Beijing 100078, 
People's Republic of China.
Beijing Forbest Trade Co., Ltd., Room 2 1801, Building 2, Yard 3, 
District 1, Fangqunyuan, Fangzhuang, Fengtai District, Beijing 100078, 
People's Republic of China.
Forbest International USA, LLC, 131 Fieldcrest Avenue, Suite B, Edison, 
New Jersey 08873.
Changzhou Niutang Chemical Plant Co., Ltd., No. 51 Yanzhang Road, 
Niutang Town, Changzhong, Jiangsu 213263, People's Republic of China.
U.S. Niutang Chemical, Inc., 2913 Saturn Street, Unit G, Brea, 
California 92821.
CJ America, Inc., 3470 Wilshire Blvd, Suite 930, Los Angeles, 
California 90010.
Fortune Bridge Co. Inc., 137 Meacham Ave, Elmont, New York 11003.
Garuda International, Inc., 638 Industrial Drive, Exeter, California 
93221.
Gremount International Co., Ltd., Rm. 2107, Plaza A, Freetown Center, 
No.

[[Page 26646]]

58, South Road Dongsanhuan, Chaoyang District, Beijing 100022, People's 
Republic of China.
Guangdong Food Industry Institute, No. 146 Xin-gang Dong Road, 
Guangzhou, Guangdong 510308, People's Republic of China.
Hebei Province Chemical Industry Academe, No.18, Jianhua South Street, 
Shijiazhuang City, Hebei Province 050031, People's Republic of China.
Hebei Research Institute of Chemical Industry, No. 18, Jianhua South 
Street, Shijiazhuang City, Hebei Province 050031, People's Republic of 
China.
Hebei Sukerui Science and Technology Co., Ltd., Zengcun Town Industrial 
Park, Gaocheng City, Hebei 052160, People's Republic of China.
Heartland Packaging Corporation, 14300 Clay Terrace Boulevard, Suite 
249, Carmel, Indiana 46032. L&P Food Ingredient Co., Ltd., 
<greek-i>146, Xin-gang Dong Road, Guangzhou, Guangdong 510308, People's 
Republic of China.
Lianyungang Natiprol (Intl'l) Co., Ltd., 17/F, Building A, Longhe 
Mansion, No. 6, Cangwu Road, Xinpu, Lianyungang, Jiangsu 222006, 
People's Republic of China.
MTC Industries, Inc., 41 Mercedes Way Unit 21, Edgewood, New York 
11717.
Nantong Molecular Technology Co., Ltd., No. 15 Fuxing Rd., Economic and 
Technical Development Zone, Nantong, Jiangsu Province 226009, People's 
Republic of China.
Nu-Scaan Nutraceuticals, Ltd., Waterside House, Waterside, 
Macclesfield, Cheshire, SK11 7HG, United Kingdom.
ProFood International, Inc., 40 Shuman Boulevard, Suite 160, 
Naperville, Illinois 60563.
Ruland Chemistry Co., Ltd., Rm. 1201 Heping Mansion, No. 22 East 
Beijing Road, Nanjing 210018, People's Republic of China.
Shanghai Aurisco International Trading Co. Ltd., 1603, 3 Building, 1555 
North Kaixuan Road, Shanghai, 200063, People's Republic of China.
Vivion, Inc., 929 Bransten Road, San Carlos, California 94070.
Zhongjin Pharmaceutical (Hong Kong) Co. Ltd., Rm B 12/F Wing On Cheong 
Bldg., 5 Wing Lok St., Central, Hong Kong, Hong Kong.

    (c) The Commission investigative attorney, party to this 
investigation, is Anne M. Goalwin, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    The Commission notes that some of the patents at issue may cover 
processes that produce chemical precursors or intermediates of 
sucralose or that recover certain chemical catalysts from the 
synthesis. In instituting this investigation, the Commission has not 
made any determination as to the scope of 35 U.S.C. 1337(a)(1)(B)(ii) 
or whether 337(a)(1)(B)(ii) is sufficiently broad as to encompass such 
processes. Accordingly, the presiding administrative law judge may wish 
to consider these fundamental issues at an early date. Any such 
decision should be issued in the form of an initial determination (ID) 
under Rule 210.42(c), 19 CFR 210.42(c). The ID will become the 
Commission's final determination 45 days after the date of service of 
the ID unless the Commission determines to review the ID. Any such 
review will be conducted in accordance with Commission Rules 210.43, 
210.44 and 210.45, 19 CFR 210.43, 210.44, and 210.45.
    Responses to the complaint, as supplemented, 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(d) 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, as supplemented, and the notice of investigation. Extensions 
of time for submitting responses to the complaint, as supplemented, 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, as supplemented, and in this notice may be 
deemed to constitute a waiver of the right to appear and contest the 
allegations of the complaint, as supplemented, 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, as supplemented, and this notice and to enter an initial 
determination and a final determination containing such findings, and 
may result in the issuance of a limited exclusion order or cease and 
desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 7, 2007.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7-9047 Filed 5-9-07; 8:45 am]
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