[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Pages 62070-62071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30547]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-403]


Certain Acesulfame Potassium and Blends and Products Containing 
Same Notice of Investigation

AGENCY: U.S. International Trade Commission

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 16, 1997, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Nutrinova Nutrition Specialties and Food Ingredients GmbH, 
D--65 926, Frankfurt am Main, Federal Republic of Germany, and 
Nutrinova Inc., 25 Worlds Fair Drive, Somerset, New Jersey 08873. 
Supplements to the complaint were filed on October 30 and November 10, 
1997. 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

[[Page 62071]]

certain acesulfame potassium and blends and products containing same 
that infringe claims 1, 2, 3, 4, and 5 of U.S. Letters Patent 4,695,629 
and claims 1 and 2 of U.S. Letters Patent 4,158,068. The complaint 
further alleges that there exists an industry in the United States as 
required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, 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, S.W., 
Room 112, Washington, D.C. 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.

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572. General information concerning the Commission may also be 
obtained by accessing its internet server (http://www.usitc.gov or 
ftp://ftp.usitc.gov).

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 C.F.R. 
Sec. 210.10 (1997).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on November 13, 1997, 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 acesulfame 
potassium or blends or products containing same by reason of 
infringement of claims 1, 2, 3, 4, or 5 of U.S. Letters Patent 
4,695,629 or claims 1 or 2 of U.S. Letters Patent 4,158,068, and 
whether there exists an industry in the United States 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--

Nutrinova Nutrition Specialties and Food Ingredients GmbH, D--65 926, 
Frankfurt am Main, Federal Republic of Germany
Nutrinova Inc., 25 Worlds Fair Drive, Somerset, New Jersey 08873

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

Hangzhou Sanhe Food Company Ltd., 258 Qiutao Road, Hangzhou, Zheijiang, 
People's Republic of China
JRS International, Inc., 141 Lanza Avenue, Bldg. 12, Garfield, New 
Jersey 07026
Dingsheng, Inc., 5323 Tyler Avenue, Temple City, California 91780
WYZ Tech, Inc., 4570 Eucalyptus Ave. #B, Chino, California 91710

    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q, 
Washington, D.C. 20436, shall be the Commission investigative attorney, 
party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint 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 C.F.R. 
Sec. 210.13. Pursuant to 19 C.F.R. Secs. 201.16(d) and 210.13(a) of the 
Commission's Rules, 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 and the notice of investigation. Extensions 
of time for submitting responses to the complaint 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 and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint 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 and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: November 14, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.

[FR Doc. 97-30547 Filed 11-19-97; 8:45 am]
BILLING CODE 7020-02-P