ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN L-LYSINE FEED PRODUCTS, THEIR METHODS OF PRODUCTION AND GENETIC CONSTRUCTS FOR PRODUCTION
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain L-lysine feed products, their methods of production and genetic constructs for production. The products at issue in this investigation are L-lysine products used as animal feed supplements.
The investigation is based on a complaint filed by Ajinomoto Heartland LLC of Chicago, IL, on April 25, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain L-lysine feed products and genetic constructs for production thereof that infringe patents owned by the complainant. The complainant requests that the ITC issue an exclusion order and a permanent cease and desist order.
The ITC has identified the following as respondents in this investigation:
Global Bio-Chem Technology Group Company Limited of Hong Kong;
Changchun Dacheng Bio-Chem Engineering Development Co., Ltd., of China;
Changchun Baocheng Bio-Chem Development Co., Ltd., of China;
Changchun Dahe Bio Technology Development Co., Ltd., of China; and
Bio-Chem Technology (HK) Limited of Hong Kong.
By instituting this investigation (337-TA-571), 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.