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