[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Notices]
[Pages 30958-30959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8314]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-571]


In the Matter of Certain L-Lysine Feed Products, Their Methods of 
Production and Genetic Constructs for Production; 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 25, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ajinomoto Heartland LLC of Chicago, Illinois. An amended complaint was 
filed on May 12, 2006. Supplements to the Complaint were filed on May 
12, 2006, and May 16, 2006. The complaint, as amended and 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 L-lysine feed products and genetic 
constructs for production thereof by reason of infringement of claims 
13, 15-19, and 21-22 of U.S. Patent No. 5,827,698 and claims 1, 2, 15, 
and 22 of U.S. Patent No. 6,040,160. The complaint further alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2579.
    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 (2005).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 22, 2006, 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 L-lysine 
feed products or genetic constructs for production thereof by reason of 
infringement of one or more of claims 13, 15-19, and 21-22 of U.S. 
Patent No. 5,827,698 and claims 1, 2, 15, and 22 of U.S. Patent No. 
6,040,160, 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 complainant is--Ajinomoto Heartland LLC, 8430 W. Bryn Mawr 
Avenue, Suite 650, Chicago, IL 60631.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Global Bio-Chem Technology, Group Company Limited, Unit 1104, Admiralty 
Centre, Tower 1, 18 Harcourt Road, Admiralty, Hong Kong.
Changchun Dacheng Bio-Chem Engineering Development Co., Ltd., No. 886 
Xihuangcheng Road, Processing Corn District, Changchun Economic and 
Technological Development Zone, Jilin Province, China.
Changchun Baocheng Bio-Chem Development Co., Ltd., No. 886 Xihuangcheng 
Road, Processing Corn District, Changchun Economic and Technological 
Development Zone, Jilin Province, China.
Changchun Dahe Bio Technology Development Co., Ltd., No. 28 
Xihuangcheng Road, Processing Corn District, Changchun Economic and 
Technological Development Zone, Jilin Province, China.
Bio-Chem Technology (HK) Limited, Unit 1104, Admiralty Centre, Tower, 
1, 18 Harcourt Road, Admiralty, Hong Kong.
    (c) The Commission Investigative Attorney, party to this 
investigation, is Jay H. Reiziss, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock 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 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 and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint 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 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

[[Page 30959]]

administrative law judge and the Commission, without further notice to 
the respondents, to find the facts to be as alleged in the complaint 
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 24, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-8314 Filed 5-30-06; 8:45 am]
BILLING CODE 7020-02-P