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

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff Report. —The prehearing staff report in the reviews will be placed in the nonpublic record on July 21, 2020, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on Thursday, August 6, 2020, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before July 30, 2020. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on August 5, 2020, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written Submissions.—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is July 29, 2020. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is August 14, 2020. In VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before August 14, 2020. On September 8, 2020, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 10, 2020, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. 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 Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (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. The Commission has determined that these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C.1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: April 10, 2020. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2020–07961 Filed 4–15–20; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 21267 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1196] Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the 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 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. SUMMARY: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) ADDRESSES: E:\FR\FM\16APN1.SGM 16APN1 jbell on DSKJLSW7X2PROD with NOTICES 21268 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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 VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 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 Bu¨yu¨kdere Cad., Windowist Tower No. 26/2, MaslakSariyer, 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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–616] Bulk Manufacturer of Controlled Substances Application: Bulk Manufacturer of Marihuana: Denco, LLC ACTION: Notice of application. The Drug Enforcement Administration (DEA) is providing notice of an application it has received from an entity applying to be registered to manufacture in bulk basic class(es) of controlled substances listed in schedule I. DEA intends to evaluate this and other pending applications according to proposed regulations that, if finalized, would govern the program of growing marihuana for scientific and medical research under DEA registration. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefor, may file written comments on or objections to the issuance of the proposed registration on or before June 15, 2020. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW 8701 Morrissette Drive, Springfield, Virginia 22152. To ensure proper handling of comments, please reference Docket No. DEA–616 in all correspondence, including attachments. SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA) prohibits the cultivation and distribution of marihuana except by persons who are registered under the CSA to do so for lawful purposes. In accordance with the purposes specified in 21 CFR 1301.33(a), DEA is providing notice that the entity identified below has applied for registration as a bulk manufacturer of schedule I controlled substances. In response, registered bulk manufacturers of the affected basic class(es), and applicants therefor, may file written comments on or objections SUMMARY: E:\FR\FM\16APN1.SGM 16APN1

Agencies

[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.

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

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]
BILLING CODE 7020-02-P