Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same; Institution of Investigation, 21267-21268 [2020-08062]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21267-21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08062]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1196]


Certain In Vitro Fertilization Products, Components Thereof, and 
Products Containing the 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 March 11, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of EMD Serono, 
Inc. of Rockland, Massachusetts. A supplement and amendment to the 
complaint was filed on March 27, 2020. The complaint, as supplemented 
and amended, alleges violations of 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 in vitro 
fertilization products, components thereof, and products containing 
same (collectively, ``Gray Market IVF Products'') by reason of 
infringement of certain U.S. Trademark Registration No. 4,689,651; U.S. 
Trademark Registration No. 1,772,761; U.S. Trademark Registration No. 
3,777,170; U.S. Trademark Registration No. 3,389,332; U.S. Trademark 
Registration No. 3,816,320; U.S. Trademark Registration No. 1,972,079; 
U.S. Trademark Registration No. 3,604,207; and U.S. Trademark 
Registration No. 3,185,427 (collectively, ``Registered Marks''); unfair 
methods of competition and unfair acts in the importation and sale of 
Gray Market IVF Products by reason of false designation of source, and; 
unfair methods of competition and unfair acts in the importation and 
sale of the Gray Market IVF Products by reason of false advertising. 
The complaint, as supplemented and amended, further alleges that an 
industry in the United States exists and that alleged violations 
threaten to destroy or substantially injure an industry in the United 
States, as required by the applicable Federal Statutes. The complainant 
requests that the Commission institute an investigation and, after the 
investigation, issue a general exclusion order, or in the alternative a 
limited exclusion order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS)

[[Page 21268]]

at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560 or (202) 205-1802.

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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 10, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) whether there is a violation of subsection (a)(1)(C) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain products identified in paragraph (2) by reason of infringement 
of one or more of the Registered Marks and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the unfair methods of competition and unfair acts in the 
importation and sale of the Gray Market IVF Products through the false 
designation as to source, the threat or effect of which is to destroy 
or substantially injure an industry in the United States; and
    (c) whether there is a violation of subsection (a)(1)(A) of section 
337 in the unfair methods of competition and unfair acts in the 
importation and sale of the Gray Market IVF Products through false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``prescription in 
vitro fertilization drugs, components thereof, and products containing 
the same labeled, in whole or in part, Gonal-f, Ovidrel, or 
Ovitrelle;''
    (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 complainant is:

EMD Serono, Inc., One Technology Place, Rockland, MA 02370

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

FastIVF c/o Domains by Proxy LLC, 14455 N Hayden Road, Scottsdale, AZ 
85260
Hermes Eczanesi, Eski B[uuml]y[uuml]kdere Cad., Windowist Tower No. 26/
2, Maslak-Sariyer, Istanbul, Turkey
General Plastik Drug Stores, Buyuk Hanli Konut B2, Suadiye, 34740 
Istanbul Suadiye, Turkey

    (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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of 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: April 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08062 Filed 4-15-20; 8:45 am]
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