In the Matter of Certain Products Advertised as Containing Creatine Ethyl Ester; Notice of Commission Issuance of a Limited Exclusion Order Against the Products Advertised as Containing Creatine Ethyl Ester of Respondents Found in Default; Issuance of Cease and Desist Orders, 17769-17770 [2010-7829]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (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. SUPPLEMENTARY INFORMATION: Background. This investigation is being instituted in response to a petition filed on March 31, 2010, by Albaugh, Inc., Ankeny, IA. Participation in the investigation and public service list. Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference. The Commission’s Director of Investigations has scheduled a conference in connection with this investigation for 9:30 a.m. on April 22, 2010, at the U.S. International Trade Commission Building, 500 E Street, VerDate Nov<24>2008 15:18 Apr 06, 2010 Jkt 220001 SW., Washington, DC. Parties wishing to participate in the conference should contact Amy Sherman (202–205–3289) not later than April 19, 2010, to arrange for their appearance. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions. As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before April 27, 2010, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. Issued: April 1, 2010. By order of the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. 2010–7809 Filed 4–6–10; 8:45 am] BILLING CODE P PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 17769 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–679] In the Matter of Certain Products Advertised as Containing Creatine Ethyl Ester; Notice of Commission Issuance of a Limited Exclusion Order Against the Products Advertised as Containing Creatine Ethyl Ester of Respondents Found in Default; Issuance of Cease and Desist Orders AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order and cease and desist orders against four respondents found in default in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 on June 23, 2009, based upon a complaint filed on behalf of UneMed Corp. of Omaha, Nebraska (‘‘UneMed’’) on June 5, 2009, and supplemented on June 8 and 10, 2009. 74 FR 29717 (June 23, 2009). The complaint alleged violations of section 337(a)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1337) in 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 E:\FR\FM\07APN1.SGM 07APN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 17770 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices Nebraska Uniform Deceptive Trade Practices Act, R.R.S. Neb. § 87–302 (2008). The complaint named as respondents Bodyonics, Ltd. of Hicksville, New York (‘‘Bodyonics’’); EST Nutrition LLC d/b/a Engineered Sport Technology, Inc. of Oviedo, Florida (‘‘EST’’); Proviant Technologies, Inc. of Champagne, Illinois (‘‘Proviant’’); NRG–X Labs. of Bentonville, Arkansas (‘‘NRG–X’’); and San Corporation of Oxnard, California. On September 29, 2009, the Commission issued notice of its decision not to review an ID terminating the investigation with respect to San Corporation on the basis of a consent order. On October 19, 2009, the Commission issued notice of its determination not to review an ID finding Bodyonics, NRG– X, and Proviant in default. On December 23, 2009, the Commission issued notice of its determination not to review an ID finding respondent EST in default, and requesting briefing on remedy, the public interest, and bonding with respect to the respondents found in default. 74 FR 69146 (Dec. 30, 2009). On January 6, 2010, UneMed submitted briefing, requesting a limited exclusion order, cease and desist orders, and bonding at the level of 100 percent of entered value during the period of Presidential review. Also on January 6, 2010, the Commission investigative attorney (IA) submitted briefing, proposing the same. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to the defaulting respondents. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 19 CFR 210.16(c), the Commission presumed the facts alleged in the complaint to be true. The Commission determined that the appropriate form of relief in this investigation includes a limited exclusion order prohibiting the unlicensed entry 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 order covers certain products advertised as containing creatine ethyl ester that are manufactured abroad by or on behalf of, or imported by or on behalf of, respondents Bodyonics, EST, Proviant, or NRG–X, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their VerDate Nov<24>2008 15:18 Apr 06, 2010 Jkt 220001 successors or assigns. The Commission also determined to issue cease and desist orders prohibiting domestic respondents Bodyonics, EST, Proviant, or NRG–X from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for certain products advertised as containing creatine ethyl ester. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order and cease and desist orders. Finally, the Commission determined that the bond under the limited exclusion order during the period of Presidential review shall be in the amount of 100 percent of the entered value of the imported articles. The Commission’s orders were delivered to the President and the United States Trade Representative on the day of their issuance. The Commission has therefore terminated this investigation. 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 sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c) and § 210.41). Issued: April 1, 2010. By order of the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. 2010–7829 Filed 4–6–10; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Consistent with 28 CFR 50.7, notice is hereby given that on April 1, 2010, a Consent Decree in United States v. Exxon Mobil Corporation and Holcim (US) Inc., Civil Action No. 3:10–cv– 00222–RET–CN, was lodged with the United States District Court for the Middle District of Louisiana. In a complaint that was filed simultaneously with the Consent Decree, the United States sought from Exxon Mobil Corporation and from Holcim (US) Inc. costs incurred by the United States in response to the release or threatened release of hazardous substances at the Coastal Radiation Services Superfund Site in San Gabriel, PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 Iberville Parish, Louisiana. (The United States alleges that Holcim is liable as a result of its acquisition of and merger with Ideal Basic Industries, formerly known as Ideal Cement Company.) The Site, located in part at 6745 Bayou Paul Road, San Gabriel, Louisiana, was contaminated with radioactive substances, primarily cesium-137 and thorium-232. The United States Environmental Protection Agency removed 111 tons of non-hazardous debris and 4,415 cubic yards of radioactive soil and debris. Demobilization was complete on January 4, 2004. As of October 31, 2007, EPA had unreimbursed costs of $7,542,587. Pursuant to the Consent Decree, Exxon Mobil Corporation will pay the United States $4,200,000 and Holcim (US) Inc. will pay the United States $600,000. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or submitted via e-mail to pubcomment-ees.enrd@usdoj.gov, and should refer to United States v. Exxon Mobil Corporation and Holcim (US) Inc., D.J. Ref. No. 90–11–3–07861/1. The Consent Decree may be examined at the Offices of the U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, Texas. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent _Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–7825 Filed 4–6–10; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17769-17770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7829]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-679]


In the Matter of Certain Products Advertised as Containing 
Creatine Ethyl Ester; Notice of Commission Issuance of a Limited 
Exclusion Order Against the Products Advertised as Containing Creatine 
Ethyl Ester of Respondents Found in Default; Issuance of Cease and 
Desist Orders

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order and cease and desist 
orders against four respondents found in default in the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 on June 
23, 2009, based upon a complaint filed on behalf of UneMed Corp. of 
Omaha, Nebraska (``UneMed'') on June 5, 2009, and supplemented on June 
8 and 10, 2009. 74 FR 29717 (June 23, 2009). The complaint alleged 
violations of section 337(a)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
1337) in 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

[[Page 17770]]

Nebraska Uniform Deceptive Trade Practices Act, R.R.S. Neb. Sec.  87-
302 (2008). The complaint named as respondents Bodyonics, Ltd. of 
Hicksville, New York (``Bodyonics''); EST Nutrition LLC d/b/a 
Engineered Sport Technology, Inc. of Oviedo, Florida (``EST''); 
Proviant Technologies, Inc. of Champagne, Illinois (``Proviant''); NRG-
X Labs. of Bentonville, Arkansas (``NRG-X''); and San Corporation of 
Oxnard, California.
    On September 29, 2009, the Commission issued notice of its decision 
not to review an ID terminating the investigation with respect to San 
Corporation on the basis of a consent order.
    On October 19, 2009, the Commission issued notice of its 
determination not to review an ID finding Bodyonics, NRG-X, and 
Proviant in default. On December 23, 2009, the Commission issued notice 
of its determination not to review an ID finding respondent EST in 
default, and requesting briefing on remedy, the public interest, and 
bonding with respect to the respondents found in default. 74 FR 69146 
(Dec. 30, 2009).
    On January 6, 2010, UneMed submitted briefing, requesting a limited 
exclusion order, cease and desist orders, and bonding at the level of 
100 percent of entered value during the period of Presidential review. 
Also on January 6, 2010, the Commission investigative attorney (IA) 
submitted briefing, proposing the same.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to the defaulting respondents. Accordingly, pursuant to 
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 
19 CFR 210.16(c), the Commission presumed the facts alleged in the 
complaint to be true.
    The Commission determined that the appropriate form of relief in 
this investigation includes a limited exclusion order prohibiting the 
unlicensed entry 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 order covers certain products advertised as containing creatine 
ethyl ester that are manufactured abroad by or on behalf of, or 
imported by or on behalf of, respondents Bodyonics, EST, Proviant, or 
NRG-X, or any of their affiliated companies, parents, subsidiaries, or 
other related business entities, or their successors or assigns. The 
Commission also determined to issue cease and desist orders prohibiting 
domestic respondents Bodyonics, EST, Proviant, or NRG-X from importing, 
selling, marketing, advertising, distributing, offering for sale, 
transferring (except for exportation), and soliciting U.S. agents or 
distributors for certain products advertised as containing creatine 
ethyl ester. The Commission further determined that the public interest 
factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not 
preclude issuance of the limited exclusion order and cease and desist 
orders. Finally, the Commission determined that the bond under the 
limited exclusion order during the period of Presidential review shall 
be in the amount of 100 percent of the entered value of the imported 
articles. The Commission's orders were delivered to the President and 
the United States Trade Representative on the day of their issuance.
    The Commission has therefore terminated this investigation. 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 
sections 210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and Sec.  210.41).

    Issued: April 1, 2010.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-7829 Filed 4-6-10; 8:45 am]
BILLING CODE P