UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HUMAN MILK
`OLIGOSACCHARIDES AND METHODS
`OF PRODUCING THE SAME
`
`Investigation No. 337-TA-1120
`
`NOTICE OF REQUEST FOR STATEMENTS ON THE PUBLIC INTEREST
`
`AGENCY: U.S. International Trade Commission.
`
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that the presiding administrative law judge has issued a
`Final Initial Determination on Section 337 Violation and a Recommended Determination on
`Remedy and Bonding in the above-captioned investigation. The Commission is soliciting
`comments on public interest issues raised by the recommended relief, should the Commission
`find a violation. This notice is soliciting public interest comments from the public only. Parties
`are to file public interest submissions pursuant to Commission rules.
`
`FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street S.W., Washington, DC 20436,
`telephone (202) 708-4716. 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 (https://www.usitc.gov). The
`public record for this investigation may be viewed on the Commission's Electronic Docket
`Information System ("EDIS") (https://edis.usitc.gov). Hearing-impaired persons are advised that
`information on this matter can be obtained by contacting the Commission's TDD terminal,
`telephone (202) 205-1810.
`
`SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as amended, 19
`U.S.C. 1337 ("Section 337") provides that if the Commission finds a violation it shall exclude
`the articles concerned from the United States unless after considering the public interest factors
`listed in 19 U.S.C. 1337(d)(1), it finds such articles should not be prevented from entry.
`
`The Commission is soliciting comments on public interest issues raised by the
`recommended relief should the Commission find a violation, specifically whether the
`Commission should issue a limited exclusion order ("LEO") against certain human milk
`oligosaccharides that are imported, sold for importation, and/or sold after importation by
`respondent Jennewein Biotechnologie GmbH of Rheinbreitbach, Germany.
`
`

`

`The Commission is interested in further development of the record on the public interest
`in this investigation. Accordingly, parties are to file public interest submissions pursuant to 19
`CFR 210.50(a)(4). In addition, members of the public are hereby invited to file submissions of
`no more than five (5) pages, inclusive of attachments, concerning the public interest in light of
`the administrative law judge's Recommended Determination on Remedy and Bonding issued in
`this investigation on September 9, 2019. Comments should address whether issuance of an LEO
`in this investigation, should the Commission find a violation, 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.
`
`In particular, the Commission is interested in comments that:
`
`(i)
`
`(ii)
`
`(iii)
`
`Explain how the articles potentially subject to the recommended orders are used
`in the United States;
`
`Identify any public health, safety, or welfare concerns in the United States relating
`to the recommended orders;
`
`Identify like or directly competitive articles that complainant, their licensees, or
`third parties make in the United States which could replace the subject articles if
`they were to be excluded;
`
`(iv) Indicate whether complainant, complainant's licensees, and/or third party
`suppliers have the capacity to replace the volume of articles potentially subject to
`the recommended exclusion order and/or a cease and desist order within a
`commercially reasonable time; and
`
`(v) Explain how the LEO would impact consumers in the United States.
`
`Written submissions from the public must be filed no later than by close of business on
`Wednesday, October 23, 2019.
`
`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 section 210.4(0 of the Commission's Rules of Practice and
`Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number ("Inv. No.
`337-TA-1120") in a prominent place on the cover page and/or the first page. (See Handbook for
`Electronic Filing Procedures,
`https://www.usitc.gov/documents/handbook on filing _procedures.pdf). 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 unless the information has already been granted such treatment during the
`proceedings. All such requests should be directed to the Secretary of the Commission and must
`include a full statement of the reasons why the Commission should grant such treatment. See 19
`CFR part 210.6. Documents for which confidential treatment by the Commission is sought will
`
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`be treated accordingly. All non-confidential written submissions will be available for public
`inspection at the Office of the Secretary and on EDIS.
`
`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 part 210 of the Commission's Rules of
`Practice and Procedure (19 CFR part 210).
`
`By order of the Commission.
`
`Issued: September 13, 2019
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
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`

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`CERTAIN HUMAN MILK OLIGOSACCHARIDES AND
`METHODS OF PRODUCING THE SAME
`
`Inv. No. 337-TA-1120
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Lisa Murray, Esq., and the following parties as
`indicated, on September 13, 2019.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Glvcosyn LLC:
`
`Michael C. Newman, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC
`1 Financial Center
`Boston, MA 02111
`
`O Via Hand Delivery
`O Via Express Delivery
`Via First Class Mail
`O Other:
`
`On Behalf of Respondent Jennewein Biotechnoloaie GmbH:
`
`Gary M. Hnath
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`O Via Hand Delivery
`O Via Express Delivery
`IS:1 Via First Class Mail
`O Other:
`
`