Certain Clidinium Bromide and Products Containing Same; Institution of Investigation, 17676-17677 [2018-08395]

Download as PDF 17676 Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices 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. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. 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. By order of the Commission. Issued: April 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–08412 Filed 4–20–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1109] Certain Clidinium Bromide and Products Containing Same; 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 February 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Valeant Pharmaceuticals North America LLC of Bridgewater, New Jersey and Valeant Pharmaceuticals International, Inc. of Canada. An amozie on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:09 Apr 20, 2018 Jkt 244001 amended complaint was filed on March 20, 2018. The complaint, as amended, alleges violations of section 337 based upon the importation into the United States or the sale after importation of certain clidinium bromide and products containing same by reason of unfair acts or methods of competition, 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 general exclusion order, in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The amended 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on April 17, 2018, 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 after importation of certain clidinium bromide and products containing same PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 by reason of false advertising and unfair competition under the Lanham Act, 15 U.S.C. 1125(a), the threat or effect of which is to destroy or substantially injure an industry in the United States; (2) Notwithstanding any Commission Rules that would otherwise apply, the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainants have demonstrated an injury or threat of injury to an industry in the United States. Any such decision shall be in the form of an initial determination (ID). Petitions for review of such an ID shall be due five calendar days after service of the ID; any replies shall be due three business days after service of a petition. The ID will become the Commission’s final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission expects the issuance of an early ID relating to the requirement of an injury to an industry in the United States within 100 days of institution, except that the presiding ALJ may grant an extension of the ID of up to 50 days for good cause shown. The issuance of an early ID finding that complainants failed to demonstrate an injury or threat of injury to an industry in the United States shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID covering the other issues of the investigation; (3) 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); (4) 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: Valeant Pharmaceuticals North America LLC, 400 Somerset Corporate Boulevard, Bridgewater, NJ 08807 Valeant Pharmaceuticals International, ´ Inc., 2150 St Elzear Boulevard West, Laval, Quebec, Canada H7L4A8 E:\FR\FM\23APN1.SGM 23APN1 Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: amozie on DSK30RV082PROD with NOTICES Bi-Coastal Pharma International LLC, 1161 Broad Street, Suite 216, Shrewsbury, NJ 07702 Bi-Coastal Pharmaceutical Corporation, 1161 Broad Street, Suite 216, Shrewsbury, NJ 07702 ECI Pharmaceuticals LLC, 5311 NW 35th Terrace, Fort Lauderdale, FL 33309 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 (5) 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 amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended 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 amended 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. VerDate Sep<11>2014 17:09 Apr 20, 2018 Jkt 244001 Issued: April 18, 2018. Lisa Barton, Secretary to the Commission. BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1098] Certain Subsea Telecommunications Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation To Correct the Name of a Respondent and Withdrawal of the Complaint as to Other Respondents 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. 9) of the presiding administrative law judge (‘‘ALJ’’), granting complainant’s unopposed motion for leave to amend the complaint and notice of investigation to correct the name of respondent AlcatelLucent Submarine Networks SAS to Alcatel Submarine Networks and withdrawal of the complaint as to respondents Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUMMARY: PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on January 26, 2018, based on a complaint, as supplemented, filed on behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen, Texas (‘‘complainants’’). 83 FR 3370 (Jan. 26, 2018). The complaint, as supplemented, alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘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 subsea telecommunication systems and components thereof by reason of infringement of one or more of U.S. Patent No. 8,380,068; U.S. Patent No. 7,860,403; U.S. Patent No. 8,971,171; U.S. Patent No. 8,351,798; and U.S. Patent No. 8,406,637. The complaint further alleges that an industry in the United States exists as required by section 337. The Notice of Investigation named numerous respondents, including: Nokia Corporation of Espoo, Finland; Nokia Solutions and Networks B.V. of Hoofddorp, The Netherlands; Nokia Solutions and Networks Oy of Espoo, Finland; Nokia Solutions and Networks US LLC of Phoenix, Arizona; and Alcatel-Lucent Submarine Networks SAS of Boulogne-Billancourt, France. The Office of Unfair Import Investigations was named as a party in this investigation. On March 8, 2018, complainants filed an unopposed motion to (1) amend the complaint and notice of investigation to correct the name of Alcatel-Lucent Submarine Networks SAS to Alcatel Submarine Networks and (2) withdraw the complaint as to Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC. Complainants note that complainants, Nokia Corporation, Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, Nokia Solutions and Networks US LLC, and Alcatel-Lucent Submarine Networks SAS entered into a joint stipulation concerning the subject matter of the investigation where Nokia Corporation, Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, Nokia Solutions and Networks US LLC, and Alcatel-Lucent Submarine Networks SAS represented that Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC do not sell, design, or manufacture the accused subsea telecommunication systems and components thereof; and SUPPLEMENTARY INFORMATION: [FR Doc. 2018–08395 Filed 4–20–18; 8:45 am] 17677 E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17676-17677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08395]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1109]


Certain Clidinium Bromide and Products Containing Same; 
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 February 20, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Valeant 
Pharmaceuticals North America LLC of Bridgewater, New Jersey and 
Valeant Pharmaceuticals International, Inc. of Canada. An amended 
complaint was filed on March 20, 2018. The complaint, as amended, 
alleges violations of section 337 based upon the importation into the 
United States or the sale after importation of certain clidinium 
bromide and products containing same by reason of unfair acts or 
methods of competition, 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 general exclusion 
order, in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The amended 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 17, 2018, 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 after importation of 
certain clidinium bromide and products containing same by reason of 
false advertising and unfair competition under the Lanham Act, 15 
U.S.C. 1125(a), the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (2) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainants have demonstrated an injury or threat of 
injury to an industry in the United States. Any such decision shall be 
in the form of an initial determination (ID). Petitions for review of 
such an ID shall be due five calendar days after service of the ID; any 
replies shall be due three business days after service of a petition. 
The ID will become the Commission's final determination 30 days after 
the date of service of the ID unless the Commission determines to 
review the ID. Any such review will be conducted in accordance with 
Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 
210.45. The Commission expects the issuance of an early ID relating to 
the requirement of an injury to an industry in the United States within 
100 days of institution, except that the presiding ALJ may grant an 
extension of the ID of up to 50 days for good cause shown. The issuance 
of an early ID finding that complainants failed to demonstrate an 
injury or threat of injury to an industry in the United States shall 
stay the investigation unless the Commission orders otherwise; any 
other decision shall not stay the investigation or delay the issuance 
of a final ID covering the other issues of the investigation;
    (3) 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);
    (4) 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:

Valeant Pharmaceuticals North America LLC, 400 Somerset Corporate 
Boulevard, Bridgewater, NJ 08807
Valeant Pharmaceuticals International, Inc., 2150 St Elz[eacute]ar 
Boulevard West, Laval, Quebec, Canada H7L4A8


[[Page 17677]]


    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Bi-Coastal Pharma International LLC, 1161 Broad Street, Suite 216, 
Shrewsbury, NJ 07702
Bi-Coastal Pharmaceutical Corporation, 1161 Broad Street, Suite 216, 
Shrewsbury, NJ 07702
ECI Pharmaceuticals LLC, 5311 NW 35th Terrace, Fort Lauderdale, FL 
33309
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
    (5) 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 amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended 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 amended 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: April 18, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-08395 Filed 4-20-18; 8:45 am]
BILLING CODE 7020-02-P