[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Page 47658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18431]


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INTERNATIONAL TRADE COMMISSION

[Investigation Number 337-TA-1264]


Certain High-Potency Sweeteners, Processes for Making Same, and 
Products Containing Same; Notice of a Commission Determination Not To 
Review an Initial Determination Granting Leave To Amend the Complaint 
and Notice of Investigation To Add Respondents

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 14) of the presiding administrative 
law judge (``ALJ''), granting leave to amend the complaint and notice 
of investigation to add as respondents Amerisweet Co., Ltd.; Batory 
Foods; DMH Ingredients Inc.; Fortway Chemicals Co.; Ingredient Supply 
Corporation; Nutravative Ingredients; Nutrisprinter Limited; Polestar 
Development Limited; Qingdao Samin Chemical Co.; Rochem International 
Inc.; and V-Chem Trading Ltd. (collectively, the ``Proposed 
Respondents'').

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 
<a href="/cdn-cgi/l/email-protection#fabfbeb3a9c9b29f968aba8f89938e99d49d958c"><span class="__cf_email__" data-cfemail="50151419036318353c201025233924337e373f26">[email protected]</span></a>. 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 (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 United States Patent Nos. 10,023,546; 
10,208,004; 10,590,098; 10,233,163; and 10,590,095. Id. The complaint 
further alleged that a domestic industry exists. Id. The Commission's 
notice of investigation named twelve respondents, including respondents 
Anhui Jinhe Industrial Co., Ltd., and Jinhe USA LLC (collectively, 
``Jinhe'') and Prinova US LLC (``Prinova''). Id. The Office of Unfair 
Import Investigations (``OUII'') is also participating in this 
investigation. Id.
    On July 9, 2021, Celanese moved for leave to add the Proposed 
Respondents to the complaint and notice of investigation. On July 21, 
2021, Jinhe filed a brief opposing Celanese's motion on the grounds 
that certain of the Proposed Respondents could have been identified by 
Celanese in its original complaint, and that the current respondents, 
OUII, and the Proposed Respondents will be prejudiced by the addition 
of respondents at this stage of the investigation. The same day, 
Prinova filed a notice indicating that it joined Jinhe's opposition. 
Also, on the same day, OUII filed a brief supporting Celanese's motion.
    On August 6, 2021, the ALJ issued the subject ID granting 
Celanese's motion. The subject ID is based on the ALJ's subsidiary 
findings that Celanese has shown good cause to add allegations to the 
complaint that the Proposed Respondents have violated section 337 and 
that the current parties are unlikely to suffer prejudice due to the 
addition of the Proposed Respondents to the investigation. No petitions 
for review of the ID were received.
    The Commission has determined not to review the subject ID. The 
notice of investigation is hereby amended to add the following as 
respondents to the investigation:

    1. Amerisweet Co., Ltd.;
    2. Batory Foods;
    3. DMH Ingredients Inc.;
    4. Fortway Chemicals Co.;
    5. Ingredient Supply Corporation;
    6. Nutravative Ingredients;
    7. Nutrisprinter Limited;
    8. Polestar Development Limited;
    9. Qingdao Samin Chemical Co.;
    10. Rochem International Inc.; and
    11. V-Chem Trading Ltd.

    The Commission vote for this determination took place on August 23, 
2021.
    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: August 23, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18431 Filed 8-25-21; 8:45 am]
BILLING CODE 7020-02-P


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