U.S. and Hong Kong (2007)

U.S. International Trade Commission

May 7, 2007
News Release 07-053
Inv. No. 337-TA-604
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SUCRALOSE, SWEETENERS CONTAINING SUCRALOSE, AND RELATED INTERMEDIATE COMPOUNDS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain sucralose, sweeteners containing sucralose, and related intermediate compounds thereof. The products at issue in this investigation are sucralose, which is the active ingredient in the non-calorie sweetener sold under the trademark SPLENDA, sweeteners containing sucralose, and certain chemical precursors and intermediate compounds of sucralose.

The investigation is based on a complaint filed by Tate & Lyle Technology Limited of the United Kingdom and Tate & Lyle Sucralose, Inc., of Decatur, IL, on April 6, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain sucralose, sweeteners containing sucralose, and related intermediate compounds thereof that infringe patents owned by the complainants. The complainants request that the ITC issue a permanent general exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

AIDP, Inc., of City of Industry, CA;
Beijing Forbest Chemical Co., Ltd., of the People's Republic of China;
Beijing Forbest Trade Co., Ltd., of the People's Republic of China;
Forbest International USA, LLC, of Edison, NJ;
Changzhou Niutang Chemical Plant Co., Ltd., of the People's Republic of China;
U.S. Niutang Chemical, Inc., of Brea, CA;
CJ America, Inc., of Los Angeles, CA;
Fortune Bridge Co. Inc. of Elmont, NY;
Garuda International, Inc., of Exeter, CA;
Gremount International Co., Ltd., of the People's Republic of China;
Guangdong Food Industry Institute of the People's Republic of China;
Hebei Province Chemical Industry Academe of the People's Republic of China;
Hebei Research Institute of Chemical Industry of the People's Republic of China;
Hebei Sukerui Science and Technology Co., Ltd., of the People's Republic of China;
Heartland Packaging Corporation of Carmel, IN;
L&P Food Ingredient Co., Ltd., of the People's Republic of China;
Lianyungang Natiprol (Intl'l) Co., Ltd., of the People's Republic of China;
MTC Industries, Inc., of Edgewood, NY;
Nantong Molecular Technology Co., Ltd., of the People's Republic of China;
Nu-Scaan Nutraceuticals, Ltd., of the United Kingdom;
ProFood International, Inc., of Naperville, IL;
Ruland Chemistry Co., Ltd., of the People's Republic of China;
Shanghai Aurisco International of the People's Republic of China;
Vivion, Inc., of San Carlos, CA; and
Zhongjin Pharmaceutical (Hong Kong) Co., Ltd., of Hong Kong.

By instituting this investigation (337-TA-604), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.