UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
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`NOTICE OF RECEIPT OF COMPLAINT; SOLICITATION OF COMMENTS
`RELATING TO THE PUBLIC INTEREST
`
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`received a complaint entitled Certain Human Milk Oligosaccharides and Methods of
`Producing the Same, DN 3306; the Commission is soliciting comments on any public
`interest issues raised by the complaint or complainant’s filing pursuant to the
`Commission’s Rules of Practice and Procedure.
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`FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
`Commission, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C.
`20436, telephone (202) 205-2000. The public version of the complaint can be accessed
`on the Commission's Electronic Document Information System (EDIS) at
`https://edis.usitc.gov, and 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, S.W., Washington, D.C. 20436, telephone (202) 205-2000.
`
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`General information concerning the Commission may also be obtained by
`accessing its Internet server at United States International Trade Commission (USITC) at
`https://www.usitc.gov . The public record for this investigation may be viewed on the
`Commission's Electronic Document Information System (EDIS) at https://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.
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`SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
`a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure
`filed on behalf of Glycosyn LLC. on April 2, 2018. The complaint alleges 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 human milk oligosaccharides and methods of producing the same. The complaint
`names as respondents: Jennewein Biotechnologie GmbH of Germany and DKSH North
`America, Inc. of Mount Olive, NJ. The complainant requests that the Commission issue
`a limited exclusion order, cease and desist orders, and impose a bond upon respondents’
`alleged infringing articles during the 60-day Presidential review period pursuant to 19
`U.S.C. 1337(j).
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`Proposed respondents, other interested parties, and members of the public are
`invited to file comments, not to exceed five (5) pages in length, inclusive of attachments,
`on any public interest issues raised by the complaint or § 210.8(b) filing. Comments
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`should address whether issuance of the relief specifically requested by the complainant in
`this investigation would affect the public health and welfare in the United States,
`competitive conditions in the United States economy, the production of like or directly
`competitive articles in the United States, or United States consumers.
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`In particular, the Commission is interested in comments that:
`
`(i)
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`explain how the articles potentially subject to the requested remedial
`orders are used in the United States;
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`(ii)
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`(iii)
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`(iv)
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`identify any public health, safety, or welfare concerns in the United States
`relating to the requested remedial orders;
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`identify like or directly competitive articles that complainant, its licensees,
`or third parties make in the United States which could replace the subject
`articles if they were to be excluded;
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`indicate whether complainant, complainant's licensees, and/or third party
`suppliers have the capacity to replace the volume of articles potentially
`subject to the requested exclusion order and/or a cease and desist order
`within a commercially reasonable time; and
`
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` (v)
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`
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`explain how the requested remedial orders would impact United States
`consumers.
`Written submissions must be filed no later than by close of business, eight
`calendar days after the date of publication of this notice in the Federal Register. There
`will be further opportunities for comment on the public interest after the issuance of any
`final initial determination in this investigation.
`
`
`Persons filing written submissions must file the original document electronically
`on or before the deadlines stated above and submit 8 true paper copies to the Office of the
`Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of
`Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket
`number (“Docket No. 3306) in a prominent place on the cover page and/or the first page.
`(See Handbook for Electonic Filing Procedures, Electronic Filing Procedures1). Persons
`with questions regarding filing should contact the Secretary (202-205-2000).
`
`Any person desiring to submit a document to the Commission in confidence must
`request confidential treatment. All such requests should be directed to the Secretary to
`the Commission and must include a full statement of the reasons why the Commission
`should grant such treatment. See 19 CFR 201.6. Documents for which confidential
`treatment by the Commission is properly sought will be treated accordingly. All such
`requests should be directed to the Secretary to the Commission and must include a full
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`1 Handbook for Electronic Filing Procedures:
`https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf
`2
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`statement of the reasons why the Commission should grant such treatment. See 19 CFR
`201.6. Documents for which confidential treatment by the Commission is properly
`sought will be treated accordingly. All information, including confidential business
`information and documents for which confidential treatment is properly sought,
`submitted to the Commission for purposes of this Investigation may be disclosed to and
`used: (i) by the Commission, its employees and Offices, and contract personnel (a) for
`developing or maintaining the records of this or a related proceeding, or (b) in internal
`investigations, audits, reviews, and evaluations relating to the programs, personnel, and
`operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
`government employees and contract personnel2, solely for cybersecurity purposes. All
`nonconfidential written submissions will be available for public inspection at the Office
`of the Secretary and on EDIS3.
`
`This action is taken under the authority of section 337 of the Tariff Act of 1930,
`as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules
`of Practice and Procedure (19 CFR 201.10, 210.8(c)).
`
`By order of the Commission.
`
`
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`Issued: April 3, 2018
`
`
` Lisa R. Barton
` Secretary to the Commission
`
`
`
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`2 All contract personnel will sign appropriate nondisclosure agreements.
`3 Electronic Document Information System (EDIS): https://edis.usitc.gov
`3
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