[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20461-20462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07352]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1264]


In the Matter of Certain High-Potency Sweeteners, Processes for 
Making Same, and Products Containing Same; Notice of a Commission 
Determination Not To Review an Initial Determination Granting Summary 
Determination of No Violation of Section 337; Terminating the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 29) of the presiding administrative 
law judge granting summary determination of no violation of section 
337. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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 this investigation 
on May 14, 2021. 86 FR 26544-45 (May 14, 2021). The complaint, as 
supplemented, was filed by complainants Celanese International 
Corporation of Irving, Texas; Celanese (Malta) Company 2 Limited of 
Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas 
(collectively ``Celanese'') and alleged violations of section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation 
into the United States, the sale for importation, or 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, U.S. 
Patent No. 10,208,004, U.S. Patent No. 10,590,098, U.S. Patent No. 
10,233,163, and U.S. Patent No. 10,590,095. Id. The complaint further 
alleged that a domestic industry exists. Id. The Commission's notice of 
investigation named twelve respondents, including Anhui Jinhe 
Industrial Co., Ltd. and Jinhe USA LLC (``Jinhe''). Id. On August 6, 
2021, the Chief Administrative Law Judge (``CALJ'') issued an ID 
granting a motion by Celanese to add eleven additional respondents to 
the investigation. Order No. 14, unreviewed by Comm'n Notice (Aug. 23, 
2021). On August 26, 2021, Celanese filed an amended complaint adding 
the eleven additional respondents. The Office of Unfair Import 
Investigations (``OUII'') is also participating in this investigation. 
86 FR at 26544.
    On September 2, 2021, respondent Jinhe filed a motion for summary 
determination of no violation based on the contention that all of the 
asserted patent claims that Celanese relied on to satisfy the technical 
prong of the domestic industry requirement are invalid under the ``on-
sale bar'' provisions of 35 U.S.C. 102(a)(1). On September 13, 2021, 
Celanese filed a brief in opposition. OUII filed a brief in support of 
Jinhe's motion on the same day. The CALJ held oral argument on Jinhe's 
motion on September 28, 2021.
    The CALJ issued the subject ID granting Jinhe's motion on January 
11, 2022. Specifically, the ID found that the on-sale bar applied to 
invalidate all of the remaining claims that Celanese relied on to 
establish a domestic industry. Accordingly, the ID found that the 
investigation should be terminated with a finding of no violation of 
section 337 due to Celanese's inability to satisfy the domestic 
industry requirement of section 337. Celanese petitioned for review of 
the ID on January 21, 2022. Jinhe and OUII submitted responses opposing 
Celanese's petition on January 28, 2022.
    Having examined the record of this investigation, including the ID, 
the petition for review, and the responses thereto, the Commission has 
determined not to review the ID. This investigation is terminated in 
its entirety.
    The Commission vote for this determination took place on April 1, 
2022.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not

[[Page 20462]]

retained counsel or otherwise provided a point of contact for 
electronic service. Accordingly, pursuant to Commission Rules 201.16(a) 
and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders 
that the Complainant(s) complete service for any party/parties without 
a method of electronic service noted on the attached Certificate of 
Service and shall file proof of service on the Electronic Document 
Information System (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: April 1, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-07352 Filed 4-6-22; 8:45 am]
BILLING CODE 7020-02-P