In the Matter of Certain Products Advertised as Containing Creatine Ethyl Ester; Notice of Investigation, 29717 [E9-14670]
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29717
Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2579.
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–679]
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2009).
In the Matter of Certain Products
Advertised as Containing Creatine
Ethyl Ester; Notice of Investigation
AGENCY: U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on May
20, 2009, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of UNeMed Corporation
of Omaha, Nebraska. Supplements to
the Complaint were filed on June 5,
2009, June 8, 2009 and June 10, 2009.
The complaint, as supplemented,
alleges violations of section 337(a)(1)(A)
based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain products
advertised as containing creatine ethyl
ester by reason of false advertising in
violation of Section 43(a) of the Lanham
Act, 15 U.S.C. 1125(a)(1)(B) and the
Nebraska Uniform Deceptive Trade
Practices Act, R.R.S. Neb. § 87–302
(2008), the threat or effect of which is
to destroy or substantially injure an
industry in the United States.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
orders.
The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Jeffrey T. Hsu, Esq., Office of Unfair
ADDRESSES:
VerDate Nov<24>2008
16:15 Jun 22, 2009
Jkt 217001
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
June 15, 2009, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(A) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
advertised as containing creatine ethyl
ester by reason of false advertising, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—UNeMed
Corporation, 986099 Nebraska Medical
Center, Omaha, NE 68198–6099.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Bodyonics, Ltd., 140 Lauman Lane,
Hicksville, NY 11801.
Engineered Sports Technology, Inc.,
4250 Alafaya Trail, Oviedo, FL 32765.
Proviant Technologies, Inc., 309 West
Hensley Road, Champaign, IL 61822–
8401.
NRG–X Labs, 10636 West Highway 72
#1001, Bentonville, AR 72712.
San Corporation, 716 North Ventura
Road #431, Oxnard, CA 93030.
(c) The Commission investigative
attorney, party to this investigation, is
Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted,
Paul J. Luckern, Chief Administrative
Law Judge, U.S. International Trade
Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
a respondent.
By order of the Commission.
Issued: June 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–14670 Filed 6–22–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled
Substances; Notice of Application
Pursuant to § 1301.33(a) of Title 21 of
the Code of Federal Regulations (CFR),
this is notice that on May 8, 2009,
Chattem Chemicals Inc., 3801 St. Elmo
Avenue, Building 18, Chattanooga,
Tennessee 37409, made application by
letter to the Drug Enforcement
Administration (DEA) as a bulk
manufacturer of the basic class of
controlled substances listed in schedule
II:
Drug
Methadone (9250) ........................
Methadone intermediate (9254) ...
Schedule
II
II
The company plans to manufacture
the listed controlled substances in bulk
for distribution to its customers.
Any other such applicant, and any
person who is presently registered with
DEA to manufacture such substances,
may file comments or objections to the
issuance of the proposed registration
pursuant to 21 CFR 1301.33(a).
Any such written comments or
objections should be addressed, in
E:\FR\FM\23JNN1.SGM
23JNN1
]]>Agencies
[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Page 29717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14670]
[[Page 29717]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-679]
In the Matter of Certain Products Advertised as Containing
Creatine Ethyl Ester; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 20, 2009, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
UNeMed Corporation of Omaha, Nebraska. Supplements to the Complaint
were filed on June 5, 2009, June 8, 2009 and June 10, 2009. The
complaint, as supplemented, alleges violations of section 337(a)(1)(A)
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain products advertised as containing creatine ethyl ester by
reason of false advertising in violation of Section 43(a) of the Lanham
Act, 15 U.S.C. 1125(a)(1)(B) and the Nebraska Uniform Deceptive Trade
Practices Act, R.R.S. Neb. Sec. 87-302 (2008), the threat or effect of
which is to destroy or substantially injure an industry in the United
States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000. General information concerning the Commission may also be
obtained by accessing its Internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2579.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2009).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 15, 2009, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(A) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
advertised as containing creatine ethyl ester by reason of false
advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--UNeMed Corporation, 986099 Nebraska Medical
Center, Omaha, NE 68198-6099.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Bodyonics, Ltd., 140 Lauman Lane, Hicksville, NY 11801.
Engineered Sports Technology, Inc., 4250 Alafaya Trail, Oviedo, FL
32765.
Proviant Technologies, Inc., 309 West Hensley Road, Champaign, IL
61822-8401.
NRG-X Labs, 10636 West Highway 72 1001, Bentonville, AR 72712.
San Corporation, 716 North Ventura Road 431, Oxnard, CA 93030.
(c) The Commission investigative attorney, party to this
investigation, is Jeffrey T. Hsu, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against a respondent.
By order of the Commission.
Issued: June 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14670 Filed 6-22-09; 8:45 am]
BILLING CODE 7020-02-P
