In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Finding a Violation of Section 337; Schedule for Written Submissions on Remedy, Public Interest, and Bonding, 1452-1453 [E6-63]

Download as PDF 1452 Federal Register / Vol. 71, No. 5 / Monday, January 9, 2006 / Notices Dated: November 17 2005. Richard A Coleman, Regional Director, Region 6, Denver, CO. [FR Doc. E6–57 Filed 1–6–06; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Tribal Self-Governance Program Information Collection Bureau of Indian Affairs, Interior. ACTION: Proposed agency information collection activities; comment request. AGENCY: The Bureau of Indian Affairs is seeking comments from the public on an extension of an information collection from potential SelfGovernance Tribes, as required by the Paperwork Reduction Act. The information collected under OMB Clearance Number, 1076–0143, will be used to establish requirements for entry into the pool of qualified applicants for self-governance, to provide information for awarding grants, and to meet reporting requirements of the SelfGovernance Act. DATES: Submit comments on or before March 10, 2006. ADDRESSES: Written comments can be sent to William Sinclair, Office of SelfGovernance, 1849 C Street, NW., Mail Stop 4618 MIB, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: William Sinclair, (202) 219–0244. SUPPLEMENTARY INFORMATION: You are advised that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information that does not display a valid OMB clearance number. For example, this collection is listed by OMB as 1076–0143, and it expires April 30, 2006. The response is voluntary to obtain or retain a benefit. We are requesting comments about the proposed collection to evaluate: (a) The accuracy of the burden hours, including the validity of the methodology used and assumptions made; (b) The necessity of the information for proper performance of the bureau functions, including its practical utility; (c) The quality, utility, and clarity of the information to be collected; and (d) Suggestions to reduce the burden including use of automated, electronic, mechanical, or other forms of information technology. Please submit your comments to the person listed in the ADDRESSES section. Please note that comments, names and cprice-sewell on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 15:31 Jan 06, 2006 Jkt 208001 addresses of commentators, are open for public review during regular business hours. If you wish your name and address withheld, you must state this prominently at the beginning of your comments. We will honor your request to the extent allowable by law. Type of review: Renewal. Title: Tribal Self-Governance Program, 25 CFR 1000. Affected Entities: Tribes and tribal consortiums wishing to enter into a selfgovernance compact. Size of Respondent Pool: 213. Number of Annual Responses: 213. Hours per response: 42. Total Annual Hours: 10,498. Dated: December 22, 2005. Michael D. Olsen, Acting Principal Deputy Assistant Secretary— Indian Affairs. [FR Doc. E6–75 Filed 1–6–06; 8:45 am] BILLING CODE 4310–W8–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO–922–06–1310–FI; COC66204] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. ACTION: SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2–3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC66204 from John P. Strang for lands in Garfield County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303.239.3767. The lessee has agreed to the amended lease terms for rentals and royalties at rates of $5.00 per acre or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $155 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 188), and the Bureau of Land Management is proposing to reinstate lease COC66204 effective September 1, 2005, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: December 29, 2005. Milada Krasilinec, Land Law Examiner. [FR Doc. E6–70 Filed 1–6–06; 8:45 am] BILLING CODE 4310–JB–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–539] In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Finding a Violation of Section 337; Schedule for Written Submissions on Remedy, Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 10) issued by the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 in the subject investigation. FOR FURTHER INFORMATION CONTACT: Steven Crabb, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5432. 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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. SUPPLEMENTARY INFORMATION: This investigation was instituted by the Commission based on a complaint filed E:\FR\FM\09JAN1.SGM 09JAN1 cprice-sewell on PROD1PC66 with NOTICES Federal Register / Vol. 71, No. 5 / Monday, January 9, 2006 / Notices by Lilly ICOS LLC (‘‘Lilly’’) of Wilmington, DE under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. 70 FR 25601 (May 13, 2005). The complainant alleged violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain tadalafil or any salt or solvate thereof, and products containing same by reason of infringement of claims 1– 4, 6–8, 12, and 13 of U.S. Patent No. 5,859,006. The complaint and notice of investigation named ten respondents. On September 12, 2005, the Commission issued a notice indicating that it had determined not to review an ID (Order No. 5) finding respondents Santovittorio Holdings Ltd. d/b/a Inhousepharmacy.co.uk of El Dorado, Panama, Stop4Rx of Port-au-Prince, Haiti, Rx Mex-Com, S.A. de C.V. of Colonia Las Brisas, Mexico, and http:// www.Nudewfds.info of New Orleans, LA, in default. The ALJ also found that respondent Express Generic had not been properly served with the complaint. On November 17, 2005, the Commission issued a notice that it had determined not to review an ID (Order No. 9) finding an additional five of the originally named respondents in default. The additional five respondents were Budget Medicines Pty Ltd., of Sydney, Australia, Generic Cialis Pharmacy of Managua, Nicaragua, Cutprice Pills of Scottsdale, AZ, Allpills.us of Beverly Hills, CA, and Pharmacy4u.us of New York, NY. On October 28, 2005, Lilly filed a motion for summary determination on the issues of the existence of a domestic industry and violation of section 337 with respect to the nine respondents that were found in default. On November 14, 2005, the Commission Investigative Attorney (‘‘IA’’) filed a response to Lilly’s motion. On December 6, 2005, the ALJ issued the subject ID (Order No. 10) granting Lilly’s motion for a summary determination of a violation of section 337. With respect to the remedy, the ALJ recommended the issuance of a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2). The ALJ also recommended that the bond permitting importation during the Presidential review period be set at 100 percent of the value of the infringing imported products. No party petitioned for review of the subject ID. The Commission has determined not to review this ID with respect to the finding of a violation of section 337, and to request written submissions with respect to remedy, bonding, and the public interest. VerDate Aug<31>2005 15:31 Jan 06, 2006 Jkt 208001 In connection with the final disposition of this investigation, the Commission may issue an order that could result in the exclusion of the subject articles from entry into the United States. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, it should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). When the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider in this investigation include the effect that an exclusion order would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the President has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States under a bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. Written Submissions: The parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on remedy, bonding, and the public interest. Such submissions should address the December 6, 2005, recommended determination (Order No. 10) by the ALJ on remedy and bonding. Complainants and the Commission’s investigative attorney are also requested to submit proposed orders for the Commission’s consideration. Complainants are further requested to state the expiration date of the patent at issue and the HTSUS numbers under PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 1453 which the infringing goods are imported. Main written submissions and proposed orders must be filed no later than close of business on January 17, 2006. Reply submissions, if any, must be filed no later than the close of business on January 24, 2006. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file with the Office of the Secretary the original document and 14 true copies thereof on or before the deadlines stated above. Any person desiring to submit a document (or portion thereof) 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 that the Commission should grant such treatment. See section 201.6 of the Commission’s Rules of Practice and Procedure, 19 CFR 201.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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 section 210.42 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42 and 210.50). By order of the Commission. Issued: January 4, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–63 Filed 1–6–06; 8:45 am] BILLING CODE 7020–02–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2006–2 CRB NCBRA] Determination of Reasonable Rates and Terms for Noncommercial Broadcasting Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate. AGENCY: SUMMARY: The Copyright Royalty Board of the Library of Congress is announcing the commencement of the proceeding to determine the reasonable rates and terms for use of certain works in E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 71, Number 5 (Monday, January 9, 2006)]
[Notices]
[Pages 1452-1453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-63]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-539]


In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof 
and Products Containing Same; Notice of Commission Decision Not To 
Review an Initial Determination Finding a Violation of Section 337; 
Schedule for Written Submissions on Remedy, Public Interest, and 
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 10) issued by the presiding administrative law 
judge (``ALJ'') finding a violation of section 337 in the subject 
investigation.

FOR FURTHER INFORMATION CONTACT: Steven Crabb, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://
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.

SUPPLEMENTARY INFORMATION: This investigation was instituted by the 
Commission based on a complaint filed

[[Page 1453]]

by Lilly ICOS LLC (``Lilly'') of Wilmington, DE under section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337. 70 FR 25601 (May 
13, 2005). The complainant alleged violations of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain tadalafil or 
any salt or solvate thereof, and products containing same by reason of 
infringement of claims 1-4, 6-8, 12, and 13 of U.S. Patent No. 
5,859,006. The complaint and notice of investigation named ten 
respondents.
    On September 12, 2005, the Commission issued a notice indicating 
that it had determined not to review an ID (Order No. 5) finding 
respondents Santovittorio Holdings Ltd. d/b/a Inhousepharmacy.co.uk of 
El Dorado, Panama, Stop4Rx of Port-au-Prince, Haiti, Rx Mex-Com, S.A. 
de C.V. of Colonia Las Brisas, Mexico, and http://www.Nudewfds.info of 
New Orleans, LA, in default. The ALJ also found that respondent Express 
Generic had not been properly served with the complaint.
    On November 17, 2005, the Commission issued a notice that it had 
determined not to review an ID (Order No. 9) finding an additional five 
of the originally named respondents in default. The additional five 
respondents were Budget Medicines Pty Ltd., of Sydney, Australia, 
Generic Cialis Pharmacy of Managua, Nicaragua, Cutprice Pills of 
Scottsdale, AZ, Allpills.us of Beverly Hills, CA, and Pharmacy4u.us of 
New York, NY.
    On October 28, 2005, Lilly filed a motion for summary determination 
on the issues of the existence of a domestic industry and violation of 
section 337 with respect to the nine respondents that were found in 
default. On November 14, 2005, the Commission Investigative Attorney 
(``IA'') filed a response to Lilly's motion.
    On December 6, 2005, the ALJ issued the subject ID (Order No. 10) 
granting Lilly's motion for a summary determination of a violation of 
section 337. With respect to the remedy, the ALJ recommended the 
issuance of a general exclusion order under section 337(g)(2), 19 
U.S.C. 1337(g)(2). The ALJ also recommended that the bond permitting 
importation during the Presidential review period be set at 100 percent 
of the value of the infringing imported products. No party petitioned 
for review of the subject ID. The Commission has determined not to 
review this ID with respect to the finding of a violation of section 
337, and to request written submissions with respect to remedy, 
bonding, and the public interest.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, it should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see In the Matter of Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 
1994) (Commission Opinion).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider in this investigation include the 
effect that an exclusion order would have on (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, bonding, and the public interest. 
Such submissions should address the December 6, 2005, recommended 
determination (Order No. 10) by the ALJ on remedy and bonding. 
Complainants and the Commission's investigative attorney are also 
requested to submit proposed orders for the Commission's consideration. 
Complainants are further requested to state the expiration date of the 
patent at issue and the HTSUS numbers under which the infringing goods 
are imported. Main written submissions and proposed orders must be 
filed no later than close of business on January 17, 2006. Reply 
submissions, if any, must be filed no later than the close of business 
on January 24, 2006. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) 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 that the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 section 210.42 and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42 and 210.50).

    By order of the Commission.

    Issued: January 4, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-63 Filed 1-6-06; 8:45 am]
BILLING CODE 7020-02-P