[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26544-26545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10233]



[[Page 26544]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1264]


Certain High-Potency Sweeteners, Processes for Making Same, and 
Products Containing Same; Notice of 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 April 8, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Celanese 
International Corporation of Irving, Texas; Celanese (Malta) Company 2 
Limited of Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas. 
A supplement to the complaint was filed on April 22, 2021. The 
complaint, as supplemented, 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 
high-potency sweeteners, processes for making same, and products 
containing same by reason of infringement of certain claims of U.S. 
Patent No. 10,023,546 (``the '546 patent''); U.S. Patent No. 10,208,004 
(``the '004 patent''); U.S. Patent No. 10,590,098 (``the '098 
patent''); U.S. Patent No. 10,233,163 (``the '163 patent); and U.S. 
Patent No. 10,590,095 (``the '095 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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 https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 10, 2021, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 11-13, 15-18, 22, and 27 of the '546 patent; claims 1-5, 7-9, 
11-13, 21-33, and 35-42 of the '004 patent; claims 1-5, 7-9, 11-12, 20-
32, 34, and 36-38 of the '098 patent; claims 1, 4-5, 7-11, 13, 15-16, 
18-19, and 22-37 of the '163 patent; and claims 1, 4-5, 7-11, 13, 15, 
18-19, and 22-39 of the '095 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``Jinhe Ace-K 
sweetener products and manufacture processes thereof'';
    (3) 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:

Celanese International Corporation, 222 West Las Colinas Blvd., Suite 
900N, Irving, Texas 75039
Celanese (Malta) Company 2 Limited, 78 Mill street, Zone 5, Central 
Business District, Qormi, CBD 5090, Malta
Celanese Sales U.S. Ltd., 222 West Las Colinas Blvd., Suite 900N, 
Irving, Texas 75039

    (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:

Anhui Jinhe Industrial Co., Ltd., 127 East Street, Lai'an County, 
Chuzhou City, Anhui 239200, People's Republic of China
Jinhe USA LLC, 111 West Jackson Blvd., Suite 1350, Chicago, Illinois 
60604
Agridient, Inc., 28580 Orchard Lake Road, Suite 205, Farmington Hills, 
Michigan 48334
Apura Ingredients Inc., 14168 Central Ave., Unit A, Chino, California 
91710
Crossroad Ingredients, 271 Route 46 West, Suite H206, Fairfield, New 
Jersey 07004
Hhoya USA Inc., 228 East 45th Street, Suite 9E, New York, New York 
10017
Ingredis US LLC, 5 Chandler Court, Plainsboro, New Jersey 08536
NiuSource Inc., 14266 Euclid Ave., Chino, California 91710
Prinova US LLC, 6525 Muirfield Drive, Hanover Park, Illinois 60133
Prosweetz Ingredients Incorporated d/b/a Panasource Ingredients Inc., 
98-A Mayfield Ave., Edison, New Jersey 08837
Suzhou-Chem Inc., 396 Washington Street, Suite 318, Wellesley, 
Massachusetts 02481
UMC Ingredients, LLC fka JRS International LLC, 160 Chubb Avenue, Suite 
206, Lyndhurst, New Jersey 07071

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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

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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: May 11, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10233 Filed 5-13-21; 8:45 am]
BILLING CODE 7020-02-P