February 26, 2009
News Release 09-016
Inv. No. 337-TA-668
Contact: Peg O'Laughlin, 202-205-1819
ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN NON-SHELLFISH DERIVED GLUCOSAMINE
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain non-shellfish derived glucosamine and products containing same. The products at issue in this investigation are "vegan" glucosamine compositions typically used as nutritional supplements.
The investigation is based on a complaint filed by Cargill, Incorporated, of Wayzata, MN, on January 28, 2009. A letter supplementing the complaint was filed on February 13, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain non-shellfish derived glucosamine and products containing same that infringe a patent owned by Cargill. The complainant requests that the ITC issue an exclusion order and a cease and desist orders.
The ITC has identified the following as respondents in this investigation:
Nantong Foreign Trade Medicines & Health Products Co., Ltd., of China;
DNP International, Inc., of Santa Fe Springs, CA;
Tiancheng International, Inc. (USA), of Ontario, CA;
Hygieia Health Co., Ltd., of China;
TSI Health Sciences, Inc., of Missoula, MT; and
Ethical Naturals, Inc., of San Anselmo, CA.
By instituting this investigation (337-TA-668), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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.