Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Notice of Commission Final Determination of No Violation of Section 337; Termination of the Investigation, 66933-66934 [2019-26317]

Download as PDF Federal Register / Vol. 84, No. 235 / Friday, December 6, 2019 / Notices Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: individuals or interest groups that petition the State regulatory authority, and the State regulatory authority that processes the petition. Total Estimated Number of Annual Respondents: 1 petitioner and 1 State regulatory authority. Total Estimated Number of Annual Responses: 2. Estimated Completion Time per Response: 600 hours for petitioner and 1,900 for State regulatory authority. Total Estimated Number of Annual Burden Hours: 2,500 hours. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: One time. Total Estimated Annual Nonhour Burden Cost: $120. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Dated: November 26, 2019. Paul J. Ehret, Acting Chief Division of Regulatory Support. [FR Doc. 2019–26334 Filed 12–5–19; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–623 and 731– TA–1449 (Final)] lotter on DSKBCFDHB2PROD with NOTICES Vertical Metal File Cabinets From China; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of vertical metal file cabinets (‘‘VMFCs’’) from China, provided for in subheadings 9403.10.00 and 9403.20.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and to be subsidized by the government of China. Background The Commission, pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these investigations effective April 30, 2019, following receipt of petitions filed with the Commission and Commerce by Hirsh Industries LLC, Des Moines, Iowa. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of VMFCs from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on August 21, 2019 (84 FR 43613). The hearing was held in Washington, DC, on October 8, 2019, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on December 2, 2019. The views of the Commission are contained in USITC Publication 4995 (December 2019), entitled Vertical Metal File Cabinets from China: Investigation Nos. 701–TA–623 and 731–TA–1449 (Final). By order of the Commission. Issued: December 2, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–26318 Filed 12–5–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1110] Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Notice of Commission Final Determination of No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 16:11 Dec 05, 2019 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 66933 Notice is hereby given that the U.S. International Trade Commission has determined to affirm with modification a final initial determination (‘‘FID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 1, 2018, based on a complaint, as amended, filed by Bracco Diagnostics Inc. of Monroe Township, New Jersey (‘‘Bracco’’). See 83 FR 19112 (May 1, 2018). The complaint, as amended, 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 strontiumrubidium radioisotope infusion systems, and components thereof including generators, by reason of infringement of U.S. Patent Nos. 9,814,826; 9,750,869; and 9,750,870 (collectively, ‘‘the asserted patents’’). See id. The notice of investigation names Jubilant DraxImage Inc. of Kirkland, Que´bec, Canada; Jubilant Pharma Limited of Singapore; and Jubilant Life Sciences of Noida, Uttar Pradesh, India (collectively, ‘‘Respondents’’ or ‘‘Jubilant’’) as respondents in this investigation. See id. The Office of Unfair Import Investigations is also a party to this investigation. See id. On February 8, 2019, the ALJ issued an initial determination (‘‘ID’’) (Order No. 27) finding by summary determination that Jubilant’s RUBY SUMMARY: E:\FR\FM\06DEN1.SGM 06DEN1 lotter on DSKBCFDHB2PROD with NOTICES 66934 Federal Register / Vol. 84, No. 235 / Friday, December 6, 2019 / Notices Rubidium Elution System Version 3.0 directly infringes the asserted patents. See Order No. 27 (Feb. 8, 2019), unreviewed, Comm’n Notice (Mar. 8, 2019). In addition, the ID determines that Jubilant’s RUBY Rubidium Elution System Version 3.1 and the RUBY Rubidium Elution System Version 4 do not directly infringe the asserted patents. See id. The ID (Order No. 27) declines to reach indirect infringement on summary determination. See id. The ALJ conducted an evidentiary hearing on February 11–12 and 15–17, 2019, and on August 1, 2019, issued the FID finding no violation of section 337. Specifically, the FID finds that the domestic industry requirement is satisfied and that all the asserted claims are infringed but invalid as obvious over the prior art. The FID also contains the ALJ’s Recommended Determination (‘‘RD’’) recommending, should the Commission find a section 337 violation, that the Commission issue a limited exclusion order (‘‘LEO’’) barring entry of articles that infringe the asserted claims. The RD does not recommend that the Commission issue a cease and desist order or impose a bond during the period of Presidential review. Furthermore, as directed by the Commission, the RD provides findings with respect to the public interest and recommends a determination that the public interest factors do not preclude entry of the proposed LEO. On August 14, 2019, both Bracco and the Commission’s Investigative Attorney (‘‘IA’’) filed petitions for review of the FID. Bracco petitioned for review of the FID’s findings with respect to invalidity, while the IA petitioned for review of the FID’s findings with respect to domestic industry. On August 22, 2019, the parties filed responses to the respective petitions. On September 30, 2019, the Commission determined to review the FID in part with respect to invalidity and domestic industry. See 84 FR 53177 (Oct. 4, 2019). The Commission determined not to review the remainder of the FID. See id. Having considered the FID, the parties’ petitions, responses thereto, and the record in this investigation, the Commission has determined to affirm with modification the FID’s findings and conclusion of no violation of section 337. Specifically, as explained in the Commission Opinion issued concurrently herewith, the Commission has determined to affirm with modification and to supplement the FID’s findings with respect to the invalidity of the asserted patent claims. The Commission has further determined to affirm in part and vacate in part the VerDate Sep<11>2014 16:11 Dec 05, 2019 Jkt 250001 FID’s findings with respect to the domestic industry requirement. All findings in the FID that are not inconsistent with the Commission’s final determination are affirmed. The investigation is terminated except with respect to the declassification proceeding presently before the Commission. 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 part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: December 2, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–26317 Filed 12–5–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1190–0008] Agency Information Collection Activities, Proposed eCollection eComments Requested Extension Without Change, of a Previously Approved Collection Federal Coordination and Compliance Section (FCS) Complaint and Consent Form Civil Rights Division, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), Civil Rights Division, Federal Coordination and Compliance Section, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: The Department of Justice encourages public comment and will accept input until February 4, 2020. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Christine Stoneman, Acting Chief, Federal Coordination and Compliance Section, 950 Pennsylvania Avenue NW– 4CON, Washington, DC 20002 (phone: 202–307–2222). SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning SUMMARY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection 1. Type of Information Collection: Extension of a currently approved collection. 2. The Title of the Form/Collection: Complaint and Consent Form. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is 1190–0008. The applicable component within the Department of Justice is the Federal Coordination and Compliance Section, in the Civil Rights Division. 4. Affected public who will be asked or required to respond, as well as a brief abstract: General public. Information is used to find jurisdiction to investigate the alleged discrimination, to seek whether a referral to another agency is necessary and to provide information needed to initiate investigation of the complaint. Respondents are individuals. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 4000 respondents will complete each form within approximately 30 minutes. 6. An estimate of the total public burden (in hours) associated with the collection: There are an estimated 2000 total annual burden hours associated with this collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66933-66934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26317]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1110]


Certain Strontium-Rubidium Radioisotope Infusion Systems, and 
Components Thereof Including Generators; Notice of Commission Final 
Determination of No Violation of Section 337; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm with modification a final initial 
determination (``FID'') of the presiding administrative law judge 
(``ALJ'') finding no violation of section 337 of the Tariff Act of 
1930, as amended. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 1, 2018, based on a complaint, as amended, filed by Bracco 
Diagnostics Inc. of Monroe Township, New Jersey (``Bracco''). See 83 FR 
19112 (May 1, 2018). The complaint, as amended, 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 strontium-rubidium radioisotope infusion 
systems, and components thereof including generators, by reason of 
infringement of U.S. Patent Nos. 9,814,826; 9,750,869; and 9,750,870 
(collectively, ``the asserted patents''). See id. The notice of 
investigation names Jubilant DraxImage Inc. of Kirkland, Qu[eacute]bec, 
Canada; Jubilant Pharma Limited of Singapore; and Jubilant Life 
Sciences of Noida, Uttar Pradesh, India (collectively, ``Respondents'' 
or ``Jubilant'') as respondents in this investigation. See id. The 
Office of Unfair Import Investigations is also a party to this 
investigation. See id.
    On February 8, 2019, the ALJ issued an initial determination 
(``ID'') (Order No. 27) finding by summary determination that 
Jubilant's RUBY

[[Page 66934]]

Rubidium Elution System Version 3.0 directly infringes the asserted 
patents. See Order No. 27 (Feb. 8, 2019), unreviewed, Comm'n Notice 
(Mar. 8, 2019). In addition, the ID determines that Jubilant's RUBY 
Rubidium Elution System Version 3.1 and the RUBY Rubidium Elution 
System Version 4 do not directly infringe the asserted patents. See id. 
The ID (Order No. 27) declines to reach indirect infringement on 
summary determination. See id.
    The ALJ conducted an evidentiary hearing on February 11-12 and 15-
17, 2019, and on August 1, 2019, issued the FID finding no violation of 
section 337. Specifically, the FID finds that the domestic industry 
requirement is satisfied and that all the asserted claims are infringed 
but invalid as obvious over the prior art. The FID also contains the 
ALJ's Recommended Determination (``RD'') recommending, should the 
Commission find a section 337 violation, that the Commission issue a 
limited exclusion order (``LEO'') barring entry of articles that 
infringe the asserted claims. The RD does not recommend that the 
Commission issue a cease and desist order or impose a bond during the 
period of Presidential review. Furthermore, as directed by the 
Commission, the RD provides findings with respect to the public 
interest and recommends a determination that the public interest 
factors do not preclude entry of the proposed LEO.
    On August 14, 2019, both Bracco and the Commission's Investigative 
Attorney (``IA'') filed petitions for review of the FID. Bracco 
petitioned for review of the FID's findings with respect to invalidity, 
while the IA petitioned for review of the FID's findings with respect 
to domestic industry. On August 22, 2019, the parties filed responses 
to the respective petitions.
    On September 30, 2019, the Commission determined to review the FID 
in part with respect to invalidity and domestic industry. See 84 FR 
53177 (Oct. 4, 2019). The Commission determined not to review the 
remainder of the FID. See id.
    Having considered the FID, the parties' petitions, responses 
thereto, and the record in this investigation, the Commission has 
determined to affirm with modification the FID's findings and 
conclusion of no violation of section 337. Specifically, as explained 
in the Commission Opinion issued concurrently herewith, the Commission 
has determined to affirm with modification and to supplement the FID's 
findings with respect to the invalidity of the asserted patent claims. 
The Commission has further determined to affirm in part and vacate in 
part the FID's findings with respect to the domestic industry 
requirement. All findings in the FID that are not inconsistent with the 
Commission's final determination are affirmed. The investigation is 
terminated except with respect to the declassification proceeding 
presently before the Commission.
    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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: December 2, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-26317 Filed 12-5-19; 8:45 am]
 BILLING CODE 7020-02-P