Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein; Commission Determination Not To Review an Initial Determination Granting Complainants' Corrected Motion for Leave To Amend the Complaint and Notice of Investigation To Add a Complainant and Change a Complainant Name, 41952-41953 [2013-16707]

Download as PDF 41952 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Comm’n Op., at 55–56 (Oct. 15, 1985) (‘‘The patented article in this investigation may be in and of itself an article of commerce, but . . . [the patented] head assemblies are not the actual articles of commerce at issue when viewed according to the competitive realities of the marketplace.’’). Are CK’s operational activities with respect to the entire attraction facility essential to practicing the claimed wand? Question 9: Please cite to and discuss evidence pertaining to whether the economic prong of the domestic industry requirement is shown with respect to the electronics and software used in the MagiQuest attraction that interacts with the MagiQuest wand, and discuss whether the electronics and software are designed, developed, and/or manufactured in the United States? Question 10: Please cite to and discuss evidence relating to the strength of the nexus between the asserted patents and CK’s alleged licensing activities, including evidence showing that the activities are particularly focused on the asserted patents. What are the relative importance or value of the asserted patents within the overall intellectual property portfolio in CK’s agreements with its customers to operate the MagiQuest attraction? In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in a respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. 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, the party 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 Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 9 (December 1994). If 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 include the effect that an exclusion order and/or cease and desist orders 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 VerDate Mar<15>2010 18:46 Jul 11, 2013 Jkt 229001 submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the United States Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under 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 if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the date that the patent expires and the HTSUS subheadings under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on Thursday, July 18, 2013. Reply submissions must be filed no later than the close of business on Thursday, July 25, 2013. The written submissions must be no longer than 50 pages and the reply submissions must be no longer than 25 pages. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must do so in accordance with Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic filing. The original document and 8 true copies thereof must also be filed on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document 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 why the Commission should PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 grant such treatment. See 19 CFR 210.6. 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 and on EDIS. 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 sections 210.42–46 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46 and 210.50). By order of the Commission. Issued: July 8, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–16709 Filed 7–11–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–857] Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein; Commission Determination Not To Review an Initial Determination Granting Complainants’ Corrected Motion for Leave To Amend the Complaint and Notice of Investigation To Add a Complainant and Change a Complainant Name U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 12) of the presiding administrative law judge granting complainants’ corrected motion for leave to amend the complaint and notice of investigation to add a complainant and change a complainant name. 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 SUMMARY: E:\FR\FM\12JYN1.SGM 12JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices 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: The Commission instituted this investigation on October 16, 2012, based on a complaint filed on September 10, 2012, on behalf of South Alabama Medical Science Foundation of Mobile, Alabama (‘‘SASF’’); Merck & Cie of Altdorf, Switzerland (‘‘Merck’’); and Pamlab LLC of Covington, Louisiana (‘‘Pamlab’’). 77 FR 63336 (October 16, 2012). The complaint alleged violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of one or more of claims 37, 39, 40, 47, 66, 67, 73, 76, 78–81, 83, 84, 86–89, 91, 92, 94–97, 99, 100, 110, 111, 113, 117, and 121 of U.S. Patent No. 5,997,915; claims 22, 26, and 32–38 of U.S. Patent No. 6,673,381; claims 1, 4–6, and 15 of U.S. Patent No. 7,172,778; and claims 1–3, 5, 6, 8, 9, 11– 15, and 19–22 of U.S. Patent No. 6,011,040. The Commission’s notice of investigation named as respondents Gnosis SpA of Desio, Italy; Gnosis Bioresearch SA of Sant’Antonino, Switzerland; Gnosis USA Inc. of Doylestown, Pennsylvania; and Macoven Pharmaceuticals LLC of Magnolia, Texas. On December 13, 2012, the Commission issued notice of its determination not to review an ID adding Viva Pharmaceuticals LLC as a new respondent. On February 4, 2013, the Commission issued notice of its determination not to review an ID to identify the new respondent as Viva Pharmaceuticals Inc. rather than Viva Pharmaceuticals LLC. On May 10, 2013, complainants SASF, Merck, and Pamlab filed an unopposed corrected motion for leave to add Nestle Health Science-Pamlab Inc. (‘‘NHS-Pamlab’’) as a complainant and change Pamlab’s name to Camline LLC. On June 11, 2013, the administrative law judge issued an ID (Order No. 12) granting the motion. The administrative law judge found good cause shown because NHS-Pamlab has acquired Pamlab and Pamlab was renamed following the acquisition. There were no petitions for review. Having considered the ID and the relevant portions of the record, the Commission has determined not to review the subject ID. The complaint and notice of investigation are therefore VerDate Mar<15>2010 18:46 Jul 11, 2013 Jkt 229001 amended to add a new complainant NHS-Pamlab and to rename Pamlab as Camline LLC. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of section 210.42(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). By order of the Commission. Issued: July 8, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–16707 Filed 7–11–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree under the Clean Air Act On June 28, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Eastern District of Tennessee in the lawsuit entitled United States and State of Tennessee v. King Pharmaceuticals LLC, Civil Action No. 2:13-cv-00178. The United States filed this lawsuit under the Clean Air Act. The complaint seeks injunctive relief and civil penalties for alleged violations at the defendant’s pharmaceutical production facility in Bristol, Tennessee, of (1) Permits issued under the Tennessee State Implementation Plan, (2) federal emission standards for hazardous air pollutants for pharmaceutical production, and (3) Title V of the Clean Air Act. The consent decree requires the defendant to perform injunctive relief to correct the violations at the facility and to pay $2.2 million in civil penalties, of which half will go to the United States and the other half to the State of Tennessee. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States et al. v. King Pharmaceuticals LLC, D.J. Ref. No. 90– 5–2–1–10132. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ...... pubcommentees.enrd@usdoj.gov. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 41953 To submit comments: Send them to: By mail ......... Assistant Attorney General U.S. DOJ—ENRD P.O. Box 7611 Washington, D.C. 20044– 7611. During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $13.00 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–16752 Filed 7–11–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Organization and Auxiliary Reports ACTION: Notice. The Department of Labor (DOL) is submitting the Office of Labor Management Standards (OLMS) sponsored information collection request (ICR) revision titled, ‘‘Labor Organization and Auxiliary Reports,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before August 12, 2013. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http://www.reg info.gov/public/do/PRAViewICR?ref_ nbr=201306-1245-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone SUMMARY: E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Pages 41952-41953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16707]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-857]


Certain Reduced Folate Nutraceutical Products and L-Methylfolate 
Raw Ingredients Used Therein; Commission Determination Not To Review an 
Initial Determination Granting Complainants' Corrected Motion for Leave 
To Amend the Complaint and Notice of Investigation To Add a Complainant 
and Change a Complainant Name

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. 12) of the presiding administrative law judge 
granting complainants' corrected motion for leave to amend the 
complaint and notice of investigation to add a complainant and change a 
complainant name.

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

[[Page 41953]]

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: The Commission instituted this investigation 
on October 16, 2012, based on a complaint filed on September 10, 2012, 
on behalf of South Alabama Medical Science Foundation of Mobile, 
Alabama (``SASF''); Merck & Cie of Altdorf, Switzerland (``Merck''); 
and Pamlab LLC of Covington, Louisiana (``Pamlab''). 77 FR 63336 
(October 16, 2012). The complaint alleged violations of Section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of 
infringement of one or more of claims 37, 39, 40, 47, 66, 67, 73, 76, 
78-81, 83, 84, 86-89, 91, 92, 94-97, 99, 100, 110, 111, 113, 117, and 
121 of U.S. Patent No. 5,997,915; claims 22, 26, and 32-38 of U.S. 
Patent No. 6,673,381; claims 1, 4-6, and 15 of U.S. Patent No. 
7,172,778; and claims 1-3, 5, 6, 8, 9, 11-15, and 19-22 of U.S. Patent 
No. 6,011,040. The Commission's notice of investigation named as 
respondents Gnosis SpA of Desio, Italy; Gnosis Bioresearch SA of 
Sant'Antonino, Switzerland; Gnosis USA Inc. of Doylestown, 
Pennsylvania; and Macoven Pharmaceuticals LLC of Magnolia, Texas.
    On December 13, 2012, the Commission issued notice of its 
determination not to review an ID adding Viva Pharmaceuticals LLC as a 
new respondent. On February 4, 2013, the Commission issued notice of 
its determination not to review an ID to identify the new respondent as 
Viva Pharmaceuticals Inc. rather than Viva Pharmaceuticals LLC.
    On May 10, 2013, complainants SASF, Merck, and Pamlab filed an 
unopposed corrected motion for leave to add Nestle Health Science-
Pamlab Inc. (``NHS-Pamlab'') as a complainant and change Pamlab's name 
to Camline LLC. On June 11, 2013, the administrative law judge issued 
an ID (Order No. 12) granting the motion. The administrative law judge 
found good cause shown because NHS-Pamlab has acquired Pamlab and 
Pamlab was renamed following the acquisition. There were no petitions 
for review.
    Having considered the ID and the relevant portions of the record, 
the Commission has determined not to review the subject ID. The 
complaint and notice of investigation are therefore amended to add a 
new complainant NHS-Pamlab and to rename Pamlab as Camline LLC.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of section 
210.42(h) of the Commission's Rules of Practice and Procedure (19 CFR 
210.42(h)).

    By order of the Commission.

    Issued: July 8, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-16707 Filed 7-11-13; 8:45 am]
BILLING CODE 7020-02-P