20460 Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Notices 

exclusion order. On April 2, 2021, the 

ALJ issued an initial determination 

(‘‘ID’’), Order No. 41, granting 

Complainants’ motion for summary 

determination of violation by each of 

the five Defaulting Respondents. Order 

No. 41 (Apr. 2, 2021). 

On May 19, 2021, the Commission 

determined on its own motion to review 

the ID’s finding that Complainants 

satisfied the economic prong of the 

domestic industry requirement. 86 FR 

28143–46 (May 25, 2021). On August 

13, 2021, the Commission vacated the 

findings in the ID on the economic 

prong of the domestic industry 

requirement and remanded the 

investigation to the then Chief 

Administrative Law Judge (‘‘ALJ’’) for 

the issuance of a remand initial 

determination. 

On December 29, 2021, the then Chief 

ALJ issued the subject RID, finding that 

Complainants failed to establish the 

economic prong of the domestic 

industry requirement. On January 20, 

2022, Complainants filed a petition for 

review of the RID. On January 28, 2022, 

OUII filed a response to Complainants’ 

petition. 

Having examined the record of this 

investigation, including the RID, the 

petition for review, and the response 

thereto, the Commission has determined 

to review the RID in its entirety. 

The Commission does not request 

additional briefing from the parties. The 

target date is extended to June 6, 2022. 

The Commission vote for this 

determination took place on April 1, 

2022. 

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 Part 

210 of the Commission’s Rules of 

Practice and Procedure, 19 CFR part 

210. 

By order of the Commission. 

Issued: April 1, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07354 Filed 4–6–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1587–1590 

(Preliminary)] 

Certain Preserved Mushrooms From 

France, Netherlands, Poland, and 

Spain; Institution of Antidumping Duty 

Investigations and Scheduling of 

Preliminary Phase Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the institution of investigations 

and commencement of preliminary 

phase antidumping duty investigation 

Nos. 731–TA–1587–1590 (Preliminary) 

pursuant to the Tariff Act of 1930 (‘‘the 

Act’’) to determine whether there is a 

reasonable indication that an industry 

in the United States is materially 

injured or threatened with material 

injury, or the establishment of an 

industry in the United States is 

materially retarded, by reason of 

imports of certain preserved mushrooms 

from France, Netherlands, Poland, and 

Spain, provided for in subheading 

2003.10.01 of the Harmonized Tariff 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value. Unless the 

Department of Commerce (‘‘Commerce’’) 

extends the time for initiation, the 

Commission must reach a preliminary 

determination in antidumping duty 

investigations in 45 days, or in this case 

by May 16, 2022. The Commission’s 

views must be transmitted to Commerce 

within five business days thereafter, or 

by May 23, 2022. 

DATES: March 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Jones (202) 205–3358), Office 

of Investigations, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter 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 (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. 

SUPPLEMENTARY INFORMATION: 

Background.—These investigations 

are being instituted, pursuant to section 

733(a) of the Tariff Act of 1930 (19 

U.S.C. 1673b(a)), in response to 

petitions filed on March 31, 2022, by 

Giorgio Foods, Inc., Blandon, 

Pennsylvania. 

For further information concerning 

the conduct of these investigations and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A and B (19 CFR part 207). 

Participation in the investigation and 

public service list.—Persons (other than 

petitioners) wishing to participate in the 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

§§ 201.11 and 207.10 of the 

Commission’s rules, not later than seven 

days after publication of this notice in 

the Federal Register. Industrial users 

and (if the merchandise under 

investigation is sold at the retail level) 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping duty 

investigations. The Secretary will 

prepare a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to these investigations upon the 

expiration of the period for filing entries 

of appearance. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

§ 207.7(a) of the Commission’s rules, the 

Secretary will make BPI gathered in 

these investigations available to 

authorized applicants representing 

interested parties (as defined in 19 

U.S.C. 1677(9)) who are parties to the 

investigations under the APO issued in 

the investigations, provided that the 

application is made not later than seven 

days after the publication of this notice 

in the Federal Register. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Conference.—In light of the 

restrictions on access to the Commission 

building due to the COVID–19 

pandemic, the Commission is 

conducting the staff conference through 

video conferencing on Thursday, April 

21, 2022. Requests to appear at the 

conference should be emailed to 

preliminaryconferences@usitc.gov (DO 

NOT FILE ON EDIS) on or before 

Tuesday, April 19, 2022. Please provide 

an email address for each conference 

participant in the email. Information on 

conference procedures will be provided 

separately and guidance on joining the 

video conference will be available on 

the Commission’s Daily Calendar. A 

nonparty who has testimony that may 

aid the Commission’s deliberations may 

request permission to participate by 

submitting a short statement. 

Please note the Secretary’s Office will 

accept only electronic filings during this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Notices 20461 

Written submissions.—As provided in 

§§ 201.8 and 207.15 of the 

Commission’s rules, any person may 

submit to the Commission on or before 

April 26, 2022, a written brief 

containing information and arguments 

pertinent to the subject matter of the 

investigations. Parties shall file written 

testimony and supplementary material 

in connection with their presentation at 

the conference no later than noon on 

April 20, 2022. All written submissions 

must conform with the provisions of 

§ 201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

§§ 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

Handbook on Filing Procedures, 

available on the Commission’s website 

at https://www.usitc.gov/documents/ 

handbook_on_filing_procedures.pdf, 

elaborates upon the Commission’s 

procedures with respect to filings. 

In accordance with §§ 201.16(c) and 

207.3 of the rules, each document filed 

by a party to the investigations must be 

served on all other parties to the 

investigations (as identified by either 

the public or BPI service list), and a 

certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

Certification.—Pursuant to § 207.3 of 

the Commission’s rules, any person 

submitting information to the 

Commission in connection with these 

investigations must certify that the 

information is accurate and complete to 

the best of the submitter’s knowledge. In 

making the certification, the submitter 

will acknowledge that any information 

that it submits to the Commission 

during these investigations may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of these or related investigations or 

reviews, or (b) in internal investigations, 

audits, reviews, and evaluations relating 

to the programs, personnel, and 

operations of the Commission including 

under 5 U.S.C. Appendix 3; or (ii) by 

U.S. government employees and 

contract personnel, solely for 

cybersecurity purposes. All contract 

personnel will sign appropriate 

nondisclosure agreements. 

Authority: These investigations are 

being conducted under authority of title 

VII of the Tariff Act of 1930; this notice 

is published pursuant to § 207.12 of the 

Commission’s rules. 

By order of the Commission. 

Issued: April 1, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07353 Filed 4–6–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1264] 

In the Matter of Certain High-Potency 

Sweeteners, Processes for Making 

Same, and Products Containing Same; 

Notice of a Commission Determination 

Not To Review an Initial Determination 

Granting Summary Determination of 

No Violation of Section 337; 

Terminating the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined not to review an initial 

determination (‘‘ID’’) (Order No. 29) of 

the presiding administrative law judge 

granting summary determination of no 

violation of section 337. This 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin S. Richards, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–5453. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.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: The 

Commission instituted this investigation 

on May 14, 2021. 86 FR 26544–45 (May 

14, 2021). The complaint, as 

supplemented, was filed by 

complainants Celanese International 

Corporation of Irving, Texas; Celanese 

(Malta) Company 2 Limited of Qormi, 

Malta; and Celanese Sales U.S. Ltd. of 

Irving, Texas (collectively ‘‘Celanese’’) 

and alleged violations of section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain high-potency 

sweeteners, processes for making same, 

and products containing same by reason 

of infringement of certain claims of U.S. 

Patent No. 10,023,546, U.S. Patent No. 

10,208,004, U.S. Patent No. 10,590,098, 

U.S. Patent No. 10,233,163, and U.S. 

Patent No. 10,590,095. Id. The 

complaint further alleged that a 

domestic industry exists. Id. The 

Commission’s notice of investigation 

named twelve respondents, including 

Anhui Jinhe Industrial Co., Ltd. and 

Jinhe USA LLC (‘‘Jinhe’’). Id. On August 

6, 2021, the Chief Administrative Law 

Judge (‘‘CALJ’’) issued an ID granting a 

motion by Celanese to add eleven 

additional respondents to the 

investigation. Order No. 14, unreviewed 

by Comm’n Notice (Aug. 23, 2021). On 

August 26, 2021, Celanese filed an 

amended complaint adding the eleven 

additional respondents. The Office of 

Unfair Import Investigations (‘‘OUII’’) is 

also participating in this investigation. 

86 FR at 26544. 

On September 2, 2021, respondent 

Jinhe filed a motion for summary 

determination of no violation based on 

the contention that all of the asserted 

patent claims that Celanese relied on to 

satisfy the technical prong of the 

domestic industry requirement are 

invalid under the ‘‘on-sale bar’’ 

provisions of 35 U.S.C. 102(a)(1). On 

September 13, 2021, Celanese filed a 

brief in opposition. OUII filed a brief in 

support of Jinhe’s motion on the same 

day. The CALJ held oral argument on 

Jinhe’s motion on September 28, 2021. 

The CALJ issued the subject ID 

granting Jinhe’s motion on January 11, 

2022. Specifically, the ID found that the 

on-sale bar applied to invalidate all of 

the remaining claims that Celanese 

relied on to establish a domestic 

industry. Accordingly, the ID found that 

the investigation should be terminated 

with a finding of no violation of section 

337 due to Celanese’s inability to satisfy 

the domestic industry requirement of 

section 337. Celanese petitioned for 

review of the ID on January 21, 2022. 

Jinhe and OUII submitted responses 

opposing Celanese’s petition on January 

28, 2022. 

Having examined the record of this 

investigation, including the ID, the 

petition for review, and the responses 

thereto, the Commission has determined 

not to review the ID. This investigation 

is terminated in its entirety. 

The Commission vote for this 

determination took place on April 1, 

2022. 

While temporary remote operating 

procedures are in place in response to 

COVID–19, the Office of the Secretary is 

not able to serve parties that have not 


khammond on DSKJM1Z7X2PROD with NOTICES