[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Pages 62070-62071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30547]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-403]
Certain Acesulfame Potassium and Blends and Products Containing
Same Notice of Investigation
AGENCY: U.S. International Trade Commission
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 16, 1997, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on
behalf of Nutrinova Nutrition Specialties and Food Ingredients GmbH,
D--65 926, Frankfurt am Main, Federal Republic of Germany, and
Nutrinova Inc., 25 Worlds Fair Drive, Somerset, New Jersey 08873.
Supplements to the complaint were filed on October 30 and November 10,
1997. The complaint, as 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
[[Page 62071]]
certain acesulfame potassium and blends and products containing same
that infringe claims 1, 2, 3, 4, and 5 of U.S. Letters Patent 4,695,629
and claims 1 and 2 of U.S. Letters Patent 4,158,068. The complaint
further alleges that there exists an industry in the United States as
required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and a permanent cease and desist order.
ADDRESSES: The complaint and supplements, except for any confidential
information contained therein, are 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, S.W.,
Room 112, Washington, D.C. 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.
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2572. General information concerning the Commission may also be
obtained by accessing its internet server (http://www.usitc.gov or
ftp://ftp.usitc.gov).
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 C.F.R.
Sec. 210.10 (1997).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on November 13, 1997, 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 acesulfame
potassium or blends or products containing same by reason of
infringement of claims 1, 2, 3, 4, or 5 of U.S. Letters Patent
4,695,629 or claims 1 or 2 of U.S. Letters Patent 4,158,068, and
whether there exists an industry in the United States 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--
Nutrinova Nutrition Specialties and Food Ingredients GmbH, D--65 926,
Frankfurt am Main, Federal Republic of Germany
Nutrinova Inc., 25 Worlds Fair Drive, Somerset, New Jersey 08873
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Hangzhou Sanhe Food Company Ltd., 258 Qiutao Road, Hangzhou, Zheijiang,
People's Republic of China
JRS International, Inc., 141 Lanza Avenue, Bldg. 12, Garfield, New
Jersey 07026
Dingsheng, Inc., 5323 Tyler Avenue, Temple City, California 91780
WYZ Tech, Inc., 4570 Eucalyptus Ave. #B, Chino, California 91710
(c) Juan Cockburn, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q,
Washington, D.C. 20436, shall be the Commission investigative attorney,
party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris 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 C.F.R.
Sec. 210.13. Pursuant to 19 C.F.R. Secs. 201.16(d) and 210.13(a) of the
Commission's Rules, 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 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: November 14, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-30547 Filed 11-19-97; 8:45 am]
BILLING CODE 7020-02-P
