In the Matter of Certain Gemcitabine and Products Containing Same; Notice of Investigation, 16445-16446 [2011-6799]

Download as PDF Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices has been identified as the lead agency for the replacement airport EIS. The BLM is a cooperating agency, as one of the alternative sites occurs wholly on public land administered by the BLM. During processing of this complex EIS, the FAA has encountered unanticipated delays, including the need for additional geotechnical, noise, and water studies. In accordance with 43 CFR 2711.1– 2(d), the BLM Idaho State Director has determined that extension of the temporary segregation of the land described in this notice is necessary to provide sufficient time to complete the final processing steps required to consider these lands for disposal. The segregative effect will terminate non issuance of a patent, publication in the Federal Register of a termination of the segregation, or on March 24, 2013, whichever occurs first. (Authority: 43 CFR 2711.1–2(d)) Ruth A. Miller, Shoshone Field Manager. [FR Doc. 2011–6751 Filed 3–22–11; 8:45 am] BILLING CODE 4310–GG–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–766] In the Matter of Certain Gemcitabine and Products Containing Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 20, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Eli Lilly and Company of Indianapolis, Indiana. Eli Lilly filed letters supplementing the complaint on February 9 and 16, 2011. The Commission requested additional information on March 2, 1011. Eli Lilly responded with additional information supplementing its complaint on March 9, 2011. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain gemcitabine and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,606,048 (‘‘the ’048 patent’’). The complaint further alleges that an industry in the United States exists as jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:46 Mar 22, 2011 Jkt 223001 required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. 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 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. FOR FURTHER INFORMATION CONTACT: Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. 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 (2010). Scope Of Investigation: Having considered the complaint, as supplemented, the U.S. International Trade Commission, on March 16, 2011, 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)(B) 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 gemcitabine and products containing same by reason of infringement of one or more of claims 1–16, 28, 29, and 33–38 of the ’048 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 16445 the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue; (3) 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: Eli Lilly and Company, Lilly Corporate Center, Indianapolis, IN 46285. (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: Jiangsu Hansoh Pharmaceutical Co., Ltd., No. 10, Economic and Technical Development Zone, Lianyungang, 222047 China; Intas Pharmaceuticals Ltd., Chinubhai Center, Off Nuhru Bridge, Ashram Road, Ahmedabad—380 009, Gujarat, India; ChemWerth, Inc., 1764 Litchfield Turnpike, Suite 202, Woodbridge, CT 06525–2353; Hospira, Inc., 275 North Field Drive, Lake Forest, IL 60045–2579. (c) The Commission investigative attorney, party to this investigation, is the Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Honorable 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)–(e) 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 E:\FR\FM\23MRN1.SGM 23MRN1 16446 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 16, 2011. James R. Holbein, Acting Secretary to the Commission. [FR Doc. 2011–6799 Filed 3–22–11; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,760] jlentini on DSKJ8SOYB1PROD with NOTICES Delphi Corporation Electronics And Safety Division Including On-Site Leased Workers From Acro Service Corporation, Manpower, Manpower Professional Continental, Inc., Alliance Group Technology and Sypris Test and Measurement Currently Known as Tektronix Service Solutions, Kokomo, IN; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on February 14, 2008, applicable to workers of Delphi Corporation, Electronics and Safety Division, Kokomo, Indiana. The notice was published in the Federal Register on February 29, 2008 (73 FR 11152). The certification was amended on October 16, 2008, April 14, 2009, May 12, 2009 and June 26, 2009 to include on-site leased workers from Acro Service Corporation, Manpower, Manpower Professional, Continental, Inc., and Alliance Group Technology. The notices were published in the Federal Register on October 27, 2008 (73 FR 63733), April 30, 2009 (74 FR 19989), June 16, 2009 (74 FR 28556– 28557), and July 14, 2009 (74 FR 34041), respectively. At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of various types of automobile components, including: Heating, ventilating, air-conditioning systems (HVAC), amplifiers, mainboards, gas control modules, hybrid airmeter electronics, hybrid ignition electronics, VerDate Mar<15>2010 16:46 Mar 22, 2011 Jkt 223001 pressure sensors, transmission control modules, crash sensing devices, occupant sensing devices, warning systems and semiconductors. New information shows that leased workers of Sypris Test and Measurement, currently known as Tektronix Service Solutions, was employed on-site at the Kokomo, Indiana location of Delphi Corporation, Electronics and Safety Division. The Department has determined that these workers were sufficiently under the control of Delphi Corporation, Electronics and Safety Division. Based on these findings, the Department is amending this certification to include leased workers of Sypris Test and Measurement, currently known as Tektronix Service Solutions, working on-site at the Kokomo, Indiana location of the subject firm. The intent of the Department’s certification is to include all workers employed at Delphi Corporation, Electronics and Safety Division who were adversely affected by a shift in production in Mexico. The amended notice applicable to TA–W–62,760 is hereby issued as follows: All workers of Delphi Corporation, Electronics and Safety Division, including on-site leased workers from Acro Service Corporation, Manpower, Manpower Professional, Continental, Inc., Alliance Group Technology, and Sypris Test and Measurement, currently known as Tektronix Service Solutions, Kokomo, Indiana, who became totally or partially separated from employment on or after January 28, 2007, through February 14, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 15th day of March 2011. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–6805 Filed 3–22–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance TA–W–75,236 SILBERLINE MANUFACTURING COMPANY, INC., HOMETOWN FACILITY, TAMAQUA, PENNSYLVANIA. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 TA–W–75,236A SILBERLINE MANUFACTURING COMPANY, INC., LANSFORD FACILITY, LANSFORD, PENNSYLVANIA. TA–W–75,236B SILBERLINE MANUFACTURING COMPANY, INC., TIDEWOOD FACILITY, TAMAQUA, PENNSYLVANIA. TA–W–75,236C SILBERLINE MANUFACTURING COMPANY, INC., DECATUR, FACILITY, DECATUR INDIANA. In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on March 4, 2011, applicable to workers of Silberline Manufacturing Company, Inc., Hometown Facility, Tamaqua, Pennsylvania, Silberline Manufacturing Company, Inc., Lansford Facility, Lansford, Pennsylvania, Silberline Manufacturing, Inc., Tidewood Facility, Tamaqua, Pennsylvania and Silberline Manufacturing Company, Inc., Decatur Facility, Decatur, Indiana. The notice will be published soon in the Federal Register. At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of special effects and performance pigments. The review shows that on March 13, 2009, a certification of eligibility to apply for adjustment assistance was issued for all workers of Silberline Manufacturing Company, Inc., Hometown Facility, Tamaqua, Pennsylvania (TA–W–65,023), Silberline Manufacturing Company, Inc., Lansford Facility, Lansford, Pennsylvania (TA–W–65,023A), Silberline Manufacturing, Inc., Tidewood Facility, Tamaqua, Pennsylvania (TA–W–65,023B), and Silberline Manufacturing Company, Inc., Decatur Facility, Decatur, Indiana (A–W–65,023C). This certification remained in effect until March 13, 2011. The notice was published in the Federal Register on March 25, 2009 (74 FR 12901–12902). In order to avoid an overlap in worker group coverage, the Department is amending the March 10, 2011 impact date established for TA–W–75,236, TA– W–75,236A, TA–W–75,236B and TA– W–75,236C to read March 14, 2011. The amended notice applicable to TA–W–75,236, TA–W–75,236A, TA–W– 75,236B and TA–W–75,236C are hereby issued as follows: All workers of Silberline Manufacturing Company, Inc., Hometown Facility, E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16445-16446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6799]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-766]


In the Matter of Certain Gemcitabine and Products Containing 
Same; 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 January 20, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Eli Lilly and Company of Indianapolis, Indiana. Eli Lilly filed letters 
supplementing the complaint on February 9 and 16, 2011. The Commission 
requested additional information on March 2, 1011. Eli Lilly responded 
with additional information supplementing its complaint on March 9, 
2011. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain gemcitabine 
and products containing same by reason of infringement of certain 
claims of U.S. Patent No. 5,606,048 (``the '048 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

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 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.

FOR FURTHER INFORMATION CONTACT: Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    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 (2010).
    Scope Of Investigation: Having considered the complaint, as 
supplemented, the U.S. International Trade Commission, on March 16, 
2011, 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)(B) 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 gemcitabine 
and products containing same by reason of infringement of one or more 
of claims 1-16, 28, 29, and 33-38 of the '048 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue;
    (3) 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: Eli Lilly and Company, Lilly Corporate 
Center, Indianapolis, IN 46285.
    (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: Jiangsu Hansoh Pharmaceutical Co., Ltd., No. 10, 
Economic and Technical Development Zone, Lianyungang, 222047 China; 
Intas Pharmaceuticals Ltd., Chinubhai Center, Off Nuhru Bridge, Ashram 
Road, Ahmedabad--380 009, Gujarat, India; ChemWerth, Inc., 1764 
Litchfield Turnpike, Suite 202, Woodbridge, CT 06525-2353; Hospira, 
Inc., 275 North Field Drive, Lake Forest, IL 60045-2579.
    (c) The Commission investigative attorney, party to this 
investigation, is the Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436; and
    (4) For the investigation so instituted, the Honorable 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)-(e) 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

[[Page 16446]]

such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 16, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-6799 Filed 3-22-11; 8:45 am]
BILLING CODE P