[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Notices]
[Pages 18549-18550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8206]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-668]
In the Matter of Certain Non-Shellfish Derived Glucosamine and
Products Containing Same; Notice of Commission Determination To Affirm
an Initial Determination Granting a Joint Motion To Terminate The
Investigation as to Respondent Ethical Naturals, Inc. From the
Investigation Based Upon a Settlement Agreement; Termination of
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 has determined to affirm an initial determination (``ID'')
(Order No. 26) granting a joint motion to terminate the investigation
as to respondent Ethical Naturals, Inc. from the investigation based
upon a settlement agreement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server
(http://www.usitc.gov). The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.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: This investigation was instituted on March
4, 2009, based upon a complaint filed on behalf of Cargill, Inc. of
Wayzata, Minnesota (``Cargill'') on January 28, 2009, and supplemented
on February 13, 2009. 74 FR 9428 (March 4, 2009). The complaint alleged
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain non-
shellfish derived glucosamine and
[[Page 18550]]
products containing same that infringe certain claims of United States
Patent No. 7,049,433. The notice of investigation named six firms as
respondents.
On May 27, 2009, Cargill and ENI filed a motion to terminate the
investigation based upon a settlement agreement and license agreement.
The ALJ denied this motion. Order No. 23 (June 29, 2009).
On June 1, 2009, the Commission issued notice of its determination
not to review an ID terminating the investigation with respect to
respondents Hygieia Health Co., Ltd. and TSI Health Sciences, Inc.
based on a settlement agreement. On July 28, 2009, the Commission
issued notice of its determination not to review an ID terminating the
investigation with respect to Nantong Foreign Medicines & Health
Products Co., Ltd. and Tiancheng International, Inc. on the basis of
withdrawal of the complaint as to these two respondents. On July 30,
2009, the Commission issued notice of its determination not to review
an ID terminating the investigation with respect to DNP International,
Inc. on the basis of a consent order.
On July 13, 2009, Cargill and respondent ENI filed a second joint
motion pursuant to Commission Rule 210.21(b) to terminate the
investigation based upon a settlement agreement and license agreement.
On July 23, 2009, the Commission investigative attorney filed a
response in support of the motion. On July 24, 2009, the ALJ issued
Order No. 26, granting the motion. No petitions for review were filed.
On August 24, 2009, the Commission issued notice of its
determination to review the subject ID, and requested briefing. On
September 8, 2009, Cargill filed a submission. On September 9, 2009,
Cargill filed a corrected submission, and the Commission investigative
attorney filed a submission with a motion for leave to file out of
time. The Commission has determined to grant the motion for leave to
file out of time. Having reviewed the record and the submissions on
review, the Commission has determined to affirm the subject ID.
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 sections 210.45, 210.50 of the Commission's Rules of Practice and
Procedure (19 CFR 210.45, 210.50).
Issued: April 5, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-8206 Filed 4-9-10; 8:45 am]
BILLING CODE 7020-02-P