The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Vitaworks IP, LLC, of North Brunswick, NJ; Vitaworks, LLC, of North Brunswick, NJ; and Dr. Songzhou Hu of North Brunswick, NJ, on January 30, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
A to Z Nutrition, Inc., of Miramar, FL;
Ampak Company, Inc., of Larchmont, NY;
Armada Nutrition LLC of Spring Hill, TN;
Atlantic Chemicals Trading of North America, Inc., of Boston, MA;
Crossroad Ingredients LLC of Fairfield, NJ;
Emote International, Inc., of La Verne, CA;
Epikix, Inc., of Irvine, CA;
Fuerst Day Lawson (USA), Ltd., of London, England, United Kingdom;
Glanbia Nutritional (NA), Inc., of Carlsbad, CA;
Greating Shipping Co. of Alhambra, CA;
Green Wave Ingredients, Inc., of La Mirada, CA;
Hard Eight Nutrition, LLC, of Henderson, NV;
Fuchi Pharmaceutical Co., Ltd., d/b/a Hubei Grand Life Science and Technology Co., Ltd., of Hubei Province, China;
Jiangyin Huachang Food Additive Co., Ltd., of Jiang Su Province, China;
Natural Ingredient Corp. of Pasadena, CA;
JSW Enterprises, LLC, d/b/a Nutravative Ingredients of Allen, TX;N.V.E., Inc., a/k/a N.V.E. Pharmaceuticals, Inc., of Andover, NJ;
Pacific Rainbow International, Inc., of City of Industry, CA;
Pharmachem Laboratories, Inc., of Kearny, NJ;
Prinova USA, LLC, of Carol Stream, IL;
Qianjiang Yongan Pharma.Co., Ltd. of Qianjiang City, Hubei Province, China;
SEM Minerals, L.P., of Quincy, IL;
Signo, LLC, of Houston, TX;
Stauber Holdings, Inc., f/k/a Stauber Performance Ingredients, Inc., of Fullerton, CA;
Shandong Xinhua Pharmaceutical USA, Inc., d/b/a SX Pharma of South El Monte, CA;
Uniprime International, LLC of Eatontown, NJ; and
Wild Flavors, Inc., of Erlanger, KY.
By instituting this investigation (337-TA-1146), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.