[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78634-78635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26900]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1027]


Certain Food Supplements and Vitamins, Including Ocular 
Antioxidants and Components Thereof and Products Containing the Same; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 6, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Kemin Industries, Inc. of Des Moines, Iowa and Kemin Foods, L.C. of Des 
Moines, Iowa. An amended complaint was filed on October 26, 2016. The 
complaint, as amended, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain food 
supplements and vitamins, including ocular antioxidants and components 
thereof and products containing the same by reason of infringement of 
certain clams of U.S. Patent No. 8,815,955 (``the '955 patent'') and 
U.S. Patent No. 9,226,940 (``the '940 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited 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

[[Page 78635]]

Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, U.S. 
International Trade Commission, telephone (202) 205-2000.

    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 (2016).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on November 2, 2016, 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 food 
supplements and vitamins, including ocular antioxidants and components 
thereof and products containing the same by reason of infringement of 
one or more of claims 1-13 of the '955 patent and claims 1-13 of the 
'940 patent, 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 complainants are: Kemin Industries, Inc., 2100 Maury 
Street, Des Moines, IA 50317, Kemin Foods, L.C., 2100 Maury Street, Des 
Moines, IA 50317.
    (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: OmniActive Health Technologies, Phoenix House, T-8, A 
Wing, 462 Senapati Bapat Marg, Lower Perel, Mumbai--400 013, India, 
OmniActive Health Technologies, Inc., 67 East Park Place, Suite 500, 
Morristown, NJ 07960.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint, as amended, 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(e) 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 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

     Issued: November 2, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-26900 Filed 11-7-16; 8:45 am]
 BILLING CODE 7020-02-P