48528 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 

Issued: October 12, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–22522 Filed 10–17–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1005] 

Certain L-Tryptophan, L-Tryptophan 

Products, and Their Methods of 

Production; Commission 

Determination to Review a Final Initial 

Determination Finding No Section 337 

Violation; Schedule for Filing Written 

Submissions on the Issues Under 

Review and on Remedy, the Public 

Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review a 

final initial determination (‘‘FID’’) of the 

presiding administrative law judge 

(‘‘ALJ’’) finding no violation of section 

337 of the Tariff Act of 1930, as 

amended. The Commission requests 

certain briefing from the parties on the 

issues under review, as indicated in this 

notice. The Commission also requests 

briefing from the parties and interested 

persons on the issues of remedy, the 

public interest, and bonding. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–4716. 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 at 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. 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 Investigation No. 

337–TA–1005 on June 14, 2016, based 

on a complaint filed by Complainants 

Ajinomoto Co., Inc. of Tokyo, Japan and 

Ajinomoto Heartland Inc. of Chicago, 

Illinois (collectively, ‘‘Ajinomoto’’ or 

‘‘Complainants’’). See 81 FR 38735–6 

(June 14, 2016). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain L-tryptophan, Ltryptophan products, and their methods 

of production, by reason of infringement 

of certain claims of U.S. Patent No. 

7,666,655 (‘‘the ’655 patent’’) and U.S. 

Patent No. 6,180,373 (‘‘the ’373 patent’’). 

Id. The notice of investigation identified 

CJ CheilJedang Corp. of Seoul, Republic 

of Korea; CJ America, Inc. of Downers 

Grove, Illinois; and PT CheilJedang 

Indonesia of Jakarta, Indonesia 

(collectively ‘‘CJ’’ or ‘‘Respondents’’) as 

respondents in this investigation. See 

id. The Office of Unfair Import 

Investigations is not a party to the 

investigation. 

On August 11, 2017, the ALJ issued 

his FID finding no violation of section 

337. Specifically, the FID finds that: (1) 

Respondents’ accused products do not 

infringe the asserted claims of the ’373 

or the ’655 patents either literally or 

under the doctrine of equivalents; (2) 

claim 10 of the ’373 patent is invalid for 

indefiniteness and lack of written 

description; (3) claim 20 of the ’655 

patent is invalid for lack of written 

description; and (4) Complainants’ 

products do not satisfy the technical 

prong of the domestic industry 

requirement with respect to the ’655 or 

the ’373 patents. In addition, should the 

Commission find a violation of section 

337, the RD recommends that the 

Commission issue: (1) A limited 

exclusion order against Respondents’ 

accused products; and (2) a cease and 

desist order against Respondent CJ 

America. 

The Commission has determined to 

review the FID in its entirety. In 

connection with its review, the parties 

are requested to brief their positions 

with reference to the applicable law and 

the evidentiary record regarding the 

questions provided below: 

1. Please explain, with textual support 

from the McKitrick reference (JX–5), 

discussed at column 6, lines 29–37 of 

the ’373 patent, whether McKitrick 

discloses measuring serine sensitivity 

via a forward assay, a reverse assay, or 

both. 

2. Please explain whether and why 

the specific conditions and methods of 

McKitrick (JX–5) and Bauerle (JX–37), 

discussed in the ’373 patent 

specification, were not closely followed 

to establish infringement of the ’373 

patent. Please provide factual as well as 

legal support to explain whether the 

methods employed provide adequate 

proof of infringement. 

3. Assuming prosecution history 

estoppel arising from the amendment of 

the term a ‘‘protein that has several 

amino acid deletions, substitutions, 

insertions, or additions as compared to 

SEQ ID NO:2’’ during prosecution of the 

’655 patent, is relevant to the scope of 

the term ‘‘said protein consists of the 

amino acid sequence of SEQ ID NO: 2’’ 

in claim 9, please explain whether or 

not any estoppel presumption is 

rebutted. 

4. Please explain the relevance of 

Exhibit CX–487 (Random House 

Dictionary definition of ‘‘replace’’) on 

the claim construction of the term 

‘‘replacing the native promoter’’ in the 

’655 patent claims and include a copy 

of the CX–487 exhibit. 

In addition, in connection with the 

final disposition of this investigation, 

the Commission may (1) issue an order 

that could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent(s) being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of such articles. 

Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843 (Dec. 1994) (Comm’n 

Op.). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48529 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the questions 

identified in this notice. Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. Complainants 

are also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainants are also 

requested to state the date that the 

asserted patents expire and the HTSUS 

numbers under which the accused 

products are imported. Complainants 

are further requested to supply the 

names of known importers of the 

products at issue in this investigation. 

Written submissions and proposed 

remedial orders must be filed no later 

than close of business on October 27, 

2017. Reply submissions must be filed 

no later than the close of business on 

November 3, 2017. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit eight (8) true 

paper copies to the Office of the 

Secretary by noon the next day pursuant 

to section 210.4(f) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1005’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation 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 this or a related proceeding, 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,1 solely for cybersecurity 

purposes. All non-confidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS. 

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: October 12, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–22524 Filed 10–17–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–17–049] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 31, 2017 at 

11:00 a.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Vote in Inv. No. TA–201–75 (Remedy) 

(Crystalline Silicon Photovoltaic 

Cells (Whether or Not Partially or 

Fully Assembled into Other 

Products)). 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: October 16, 2017. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2017–22690 Filed 10–16–17; 4:15 pm] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

[OMB Number 1110–NEW] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Existing 

Collection in Use Without and OMB 

Number FBI Hazardous Devices 

School Application 

AGENCY: Hazardous Device School 

Critical Incident Response Group, 

Federal Bureau of Investigation, 

Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Federal Bureau of Investigation 

(FBI), Critical Incident Response Group 

(CIRG), Hazardous Devices School 

(HDS) will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

December 18, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

especially on the estimated public 

burden or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions or 

additional information, please contact 

Mark H. Wall, Supervisory Management 

and Program Analyst, FBI, Hazardous 

Devices School, 7010 Redstone Road, 

Huntsville, AL 35898. 


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