2021-10233. 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.

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 [e-mail]. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on [phone]. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at [phone]. 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 [phone].

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 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.