[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41145-41146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14627]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1005 (Rescission)]


Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of 
Production; Notice of Commission Determination To Institute a 
Rescission Proceeding; Rescission of the Remedial Orders; Termination 
of Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a rescission proceeding and to 
grant a joint petition to rescind the limited exclusion order (``LEO'') 
and cease and desist order (``CDO'') (collectively, ``the remedial 
orders'') issued in the underlying investigation. The rescission 
proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 June 14, 2016, based on a complaint filed by complainants Ajinomoto 
Co., Inc. of Tokyo, Japan and Ajinomoto Heartland Inc. of Chicago, 
Illinois (collectively, ``Ajinomoto''). See 81 FR 38735-36 (June 14, 
2016). The complaint, as supplemented, alleged violations of section 
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) (``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 L-tryptophan, L-tryptophan products, and their methods of 
production by reason of infringement of certain claims of U.S. Patent 
No. 7,666,655 (``the '655 patent'') and U.S. Patent No. 6,180,373 
(``the '373 patent''). See id. The notice of investigation named CJ 
CheilJedang Corp. of Seoul, Republic of Korea, CJ America, Inc. of 
Downers Grove, Illinois, and PT CheilJedang Indonesia of Jakarta, 
Indonesia (collectively, ``CJ'') as respondents in this investigation. 
See id. The Office of Unfair Import Investigations was not a party to 
the investigation.
    On December 18, 2017, the Commission issued a final determination 
finding a violation of section 337 with respect to certain tryptophan-
producing bacteria strains (``the later strains''), but no violation of 
section 337 with respect to other strains (``the earlier strains''). 
The Commission issued the remedial orders, i.e., an LEO against the 
infringing articles and a CDO against CJ America.
    On February 16, 2018, Ajinomoto filed an appeal with the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
from the Commission's final determination finding no violation of 
section 337 with respect to the earlier strains. On February 27, 2018, 
CJ also filed an appeal with the Federal Circuit from the Commission's 
final determination finding a violation of section 337 with respect to 
the later strains.
    On May 25, 2018, CJ filed a motion for partial dismissal of the 
appeal with respect to the '373 patent based on expiration of that 
patent. On June 27, 2018, the Federal Circuit issued an order 
dismissing the appeal with respect to the '373 patent. On August 6, 
2019, the Federal Circuit affirmed the Commission's final determination 
with respect to the remaining '655 patent.
    On June 3, 2022, Ajinomoto and CJ filed a joint petition to rescind 
the remedial orders based on settlement. The petition includes a 
confidential and public version of the settlement agreement and 
indicates that there are no other agreements, written or oral, express 
or implied between the parties concerning the subject matter of the 
investigation. No response to the petition was filed.
    Having reviewed the petition and the settlement agreement between 
Ajinomoto and CJ provided therewith, the Commission finds that the 
conditions which led to the issuance of the remedial orders no longer 
exist, and therefore, granting the joint petition to rescind is 
warranted under section 337(k) (19 U.S.C. 1337(k)). The Commission also 
finds that the requirements of Commission Rule 210.76(a) (19 CFR 
210.76(a)) are satisfied. Accordingly, the Commission has determined to 
institute a rescission proceeding and to grant the joint petition to 
rescind the remedial orders. The rescission proceeding is terminated.
    The Commission vote for this determination took place on July 5, 
2022.
    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.


[[Page 41146]]


    Issued: July 5, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-14627 Filed 7-8-22; 8:45 am]
BILLING CODE 7020-02-P