Certain Potassium Chloride Powder Products; Institution of Investigation, 49263-49264 [2016-17712]

Download as PDF Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices these investigations 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 August 16, 2016, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (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: These investigations are 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: July 21, 2016. By order of the Commission. Lisa R. Barton, Secretary to the Commission. 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 (2016). [FR Doc. 2016–17713 Filed 7–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION sradovich on DSK3GMQ082PROD with NOTICES [[Investigation No. 337–TA–1013] Certain Potassium Chloride Powder Products; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June SUMMARY: VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 15, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and Generics Bidco I, LLC (d/ b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, Alabama. The complaint alleges violations of section 337 based upon the importation into the United States, or the sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited 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 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: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 21, 2016, 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, or the sale of certain potassium chloride powder products, PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 49263 the threat or effect of which is to destroy or substantially injure an industry in the United States; (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, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (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 complainants are: Lehigh Valley Technologies, Inc., 514 North 12th Street, Allentown, PA 18102 Endo Global Ventures, 22 Victoria Street, Hamilton HM 12, Bermuda Endo Ventures Limited, Minerva House, Simmonscourt Road Ballsbridge, Dublin 4, Ireland Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical), 130 Vintage Drive, Huntsville, AL 35811 (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: Viva Pharmaceutical Inc., 13880 Viking Place, Richmond, British Columbia, Canada V6V 1K8 Virtus Pharmaceuticals, LLC, 2649 Causeway Center Drive, Tampa, FL 33619 Virtus Pharmaceuticals OPCO II, LLC, 1321 Murfreesboro Pike, Nashville, TN 37217–2626 (c) 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 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(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 E:\FR\FM\27JYN1.SGM 27JYN1 49264 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices 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 the respondent. By order of the Commission. Issued: July 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–17712 Filed 7–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–939] Certain Three-Dimensional Cinema Systems and Components Thereof Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain three-dimensional cinema systems, and components thereof, that infringe certain claims of the patents at issue. The Commission has also issued cease and desist orders directed to the two respondents. The remedial orders are suspended as to certain patent claims pending final resolution of a validity issue. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–3438. Copies of non-confidential sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 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: The Commission instituted this investigation on December 12, 2014, based on a complaint filed by RealD, Inc. of Beverly Hills, California (‘‘RealD’’). 79 FR 73902–03 (Dec. 12, 2014). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 three-dimensional cinema systems, and components thereof, that infringe certain claims of U.S. Patent Nos. 7,905,602 (‘‘the ’602 patent’’); 8,220,934 (‘‘the ’934 patent’’); 7,857,455 (‘‘the ’455 patent’’); and 7,959,296 (‘‘the ’296 patent’’). Id. at 73902. The notice of investigation named as respondents MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D Asia, LLC of Seoul, Republic of Korea (collectively, ‘‘MasterImage’’). Id. at 73903. The Office of Unfair Import Investigations was not named as a party to the investigation. Id. On July 23, 2015, the Commission terminated the investigation as to various of the asserted claims and the ’602 patent in its entirety. Notice (July 23, 2015) (determining not to review Order No. 6 (July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review Order No. 7 (Aug. 3, 2015)). On September 25, 2015, the Commission determined on summary determination that RealD satisfied the economic prong of the domestic industry requirement through its significant investment in plant, significant investment in labor, and substantial investment in engineering, research, and development. Notice (Sept. 25, 2015) (determining to review in part Order No. 9 (Aug. 20, 2015)). The Commission, however, reversed the summary determination with respect to RealD’s investment in equipment. Id. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 On December 16, 2015, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’) finding a violation of section 337 with respect to the three remaining asserted patents. The ALJ found that the asserted claims of the ’455, ’296, and ’934 patents are infringed and not invalid or unenforceable. The ALJ found that the technical prong of the domestic industry requirement was satisfied for the ’455, ’296, and ’934 patents. The ALJ also issued a Recommended Determination on Remedy and Bonding (‘‘RD’’), recommending that a limited exclusion order and cease and desist orders should issue and that a bond of 100 percent should be imposed during the period of Presidential review. On December 29, 2015, MasterImage filed a petition for review challenging various findings in the final ID. On January 6, 2016, RealD filed a response to MasterImage’s petition. On January 15, 2016, and January 19, 2016, MasterImage and RealD respectively filed post-RD statements on the public interest under Commission Rule 210.50(a)(4). The Commission did not receive any post-RD public interest comments from the public in response to the Commission notice issued on December 22, 2015. 80 FR 80795 (Dec. 28, 2015). On February 16, 2016, the Commission determined to review the final ID in part and requested additional briefing from the parties on certain issues. 81 FR at 8744–45. Specifically, the Commission determined to review (1) the ID’s construction of the ‘‘uniformly modulate’’ limitation recited in claims 1 and 17 of the ’455 patent; (2) the ID’s infringement findings with respect to the asserted claims of the ’455 patent; (3) the ID’s findings on validity of the asserted claims of the ’455 patent; (4) the ID’s finding of proper inventorship of the ’296 patent; (5) the ID’s findings on validity of the asserted claims of the ’934 patent; and (6) the ID’s finding regarding the technical prong of the domestic industry requirement with respect to the ’455 patent. Id. at 8745. The Commission also solicited briefing from the parties and the public on the issues of remedy, the public interest, and bonding. Id. On March 1, 2016, the parties filed initial written submissions addressing the Commission’s questions and the issues of remedy, the public interest, and bonding. On March 11, 2016, the parties filed response briefs. No comments were received from the public. On April 18, 2016, the Commission requested additional briefing on the effect of a Final Written Decision issued by the Patent Trial and E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49263-49264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17712]


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INTERNATIONAL TRADE COMMISSION

[[Investigation No. 337-TA-1013]


Certain Potassium Chloride Powder Products; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 15, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo 
Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and 
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical) of Huntsville, Alabama. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, or the sale of certain potassium chloride powder products by 
reason of false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited 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 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: The 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 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 21, 2016, 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, or the sale of certain potassium 
chloride powder products, the threat or effect of which is to destroy 
or substantially injure an industry in the United States;
    (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, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (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 complainants are:

Lehigh Valley Technologies, Inc., 514 North 12th Street, Allentown, PA 
18102
Endo Global Ventures, 22 Victoria Street, Hamilton HM 12, Bermuda
Endo Ventures Limited, Minerva House, Simmonscourt Road Ballsbridge, 
Dublin 4, Ireland
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical), 130 Vintage Drive, Huntsville, AL 35811

    (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:

Viva Pharmaceutical Inc., 13880 Viking Place, Richmond, British 
Columbia, Canada V6V 1K8
Virtus Pharmaceuticals, LLC, 2649 Causeway Center Drive, Tampa, FL 
33619
Virtus Pharmaceuticals OPCO II, LLC, 1321 Murfreesboro Pike, Nashville, 
TN 37217-2626

    (c) 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 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(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

[[Page 49264]]

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 the respondent.

    By order of the Commission.

    Issued: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17712 Filed 7-26-16; 8:45 am]
 BILLING CODE 7020-02-P