Commission Determination To Review an Initial Determination Granting Summary Determination and on Review To Vacate as Moot; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Withdrawal of the Complaint; Termination of the Investigation; Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof, 24413-24414 [2021-09576]

Download as PDF Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On January 4, 2021, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 61984, October 1, 2020) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on May 4, 2021, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before May 7, 2021 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by May 7, 2021. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must 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. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the review (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. Determination.—The Commission has determined this review is 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: This review is 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 30, 2021. Katherine Hiner, Supervisory Attorney. [FR Doc. 2021–09529 Filed 5–5–21; 8:45 am] BILLING CODE 7020–02–P 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found the response to its notice of institution filed on behalf of Chemical Products Corporation, the sole domestic producer of barium chloride, to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Sep<11>2014 16:49 May 05, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 24413 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1207] Commission Determination To Review an Initial Determination Granting Summary Determination and on Review To Vacate as Moot; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Withdrawal of the Complaint; Termination of the Investigation; Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to review an initial determination (‘‘ID’’) (Order No. 31) granting summary determination of infringement and of domestic industry, and on review, to vacate that ID as moot, and not to review a second ID (Order No. 33) terminating the investigation based on a withdrawal of the complaint. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.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: On July 27, 2020, the Commission instituted this investigation based on a complaint filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, and Novartis Technology LLC (collectively, ‘‘Novartis’’). 85 FR 45227–28. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation into the United States, sale for importation, or sale in the United States after importation of certain prefilled syringes for intravitreal injections and components thereof that infringe SUMMARY: E:\FR\FM\06MYN1.SGM 06MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 24414 Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices one or more of claims 1–6 and 11–26 of U.S. Patent No. 9,220,631 (‘‘the ’631 patent’’). Id. The complaint also alleges the existence of a domestic industry. Id. The notice of investigation names Regeneron Pharmaceuticals Inc. of Tarrytown, New York (‘‘Regeneron’’) as the sole respondent and the Office of Unfair Import Investigations (‘‘OUII’’) as a party. Id. at 45228. On February 18, 2021, Novartis filed a motion for summary determination that Regeneron directly infringes the ’631 patent and that Novartis satisfied the domestic industry requirement. On March 1, 2021, OUII filed a response in support of the motion, and Regeneron filed a response opposing Novartis’s argument that it satisfied the economic prong of the domestic industry requirement. On April 2, 2021, the presiding administrative law judge (‘‘ALJ’’) issued the first ID (Order No. 31), granting summary determination of infringement and domestic industry. No petitions for review of the ID were received. On April 8, 2021, Novartis filed an unopposed motion to terminate the investigation in its entirety based on its withdrawal of the complaint. The motion indicated that Regeneron and OUII did not oppose the motion, and Regeneron did not file a response to the motion. OUII filed a response in support of the motion. The motion to terminate the investigation was filed before the deadline to petition for review of Order No. 31 had passed. See 19 CFR 210.43(a). On April 8, 2021, the ALJ issued the second ID (Order No. 33), granting the motion and terminating the investigation. Order No. 33 was issued before the deadline to petition for review of Order No. 31 had passed. No petitions for review of the second ID were filed. The Commission has determined to review the first ID, Order No. 31, in its entirety, and on review, to vacate that ID as moot because the summary determination issues became moot in light of Novartis’s motion to withdraw its complaint and terminate the investigation. Vice Chair Stayin and Commissioner Johanson do not join the Commission’s decision to review and vacate Order No. 31. In the absence of a request from any party to review or vacate the Order, or any other grounds for review set forth in 19 CFR 210.44, they would not review Order No. 31. The Commission has further determined not to review the second ID, Order No. 33, terminating the investigation. The investigation is hereby terminated in its entirety. VerDate Sep<11>2014 16:49 May 05, 2021 Jkt 253001 The Commission vote for this determination took place on May 3, 2021. 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: May 3, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–09576 Filed 5–5–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–437 and 731– TA–1060–1061 (Third Review)] Carbazole Violet Pigment 23 from China and India; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing and antidumping duty orders on carbazole violet pigment 23 from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: January 4, 2021. FOR FURTHER INFORMATION CONTACT: Kristina Lara (202–205–3386), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On January 4, 2021, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 61980, October 1, 2020) of the SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on May 4, 2021, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before May 7, 2021 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by May 7, 2021. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found a response to its notice of institution filed on behalf of Sun Chemical Corp., a domestic producer of carbazole violet pigment 23, to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Notices]
[Pages 24413-24414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09576]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1207]


Commission Determination To Review an Initial Determination 
Granting Summary Determination and on Review To Vacate as Moot; Notice 
of Commission Determination Not To Review an Initial Determination 
Terminating the Investigation in Its Entirety Based on a Withdrawal of 
the Complaint; Termination of the Investigation; Certain Pre-Filled 
Syringes for Intravitreal Injection and Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to review an initial 
determination (``ID'') (Order No. 31) granting summary determination of 
infringement and of domestic industry, and on review, to vacate that ID 
as moot, and not to review a second ID (Order No. 33) terminating the 
investigation based on a withdrawal of the complaint. The investigation 
is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On July 27, 2020, the Commission instituted 
this investigation based on a complaint filed by Novartis Pharma AG, 
Novartis Pharmaceuticals Corporation, and Novartis Technology LLC 
(collectively, ``Novartis''). 85 FR 45227-28. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based on the importation into the United States, sale for 
importation, or sale in the United States after importation of certain 
pre-filled syringes for intravitreal injections and components thereof 
that infringe

[[Page 24414]]

one or more of claims 1-6 and 11-26 of U.S. Patent No. 9,220,631 (``the 
'631 patent''). Id. The complaint also alleges the existence of a 
domestic industry. Id. The notice of investigation names Regeneron 
Pharmaceuticals Inc. of Tarrytown, New York (``Regeneron'') as the sole 
respondent and the Office of Unfair Import Investigations (``OUII'') as 
a party. Id. at 45228.
    On February 18, 2021, Novartis filed a motion for summary 
determination that Regeneron directly infringes the '631 patent and 
that Novartis satisfied the domestic industry requirement. On March 1, 
2021, OUII filed a response in support of the motion, and Regeneron 
filed a response opposing Novartis's argument that it satisfied the 
economic prong of the domestic industry requirement.
    On April 2, 2021, the presiding administrative law judge (``ALJ'') 
issued the first ID (Order No. 31), granting summary determination of 
infringement and domestic industry. No petitions for review of the ID 
were received.
    On April 8, 2021, Novartis filed an unopposed motion to terminate 
the investigation in its entirety based on its withdrawal of the 
complaint. The motion indicated that Regeneron and OUII did not oppose 
the motion, and Regeneron did not file a response to the motion. OUII 
filed a response in support of the motion. The motion to terminate the 
investigation was filed before the deadline to petition for review of 
Order No. 31 had passed. See 19 CFR 210.43(a).
    On April 8, 2021, the ALJ issued the second ID (Order No. 33), 
granting the motion and terminating the investigation. Order No. 33 was 
issued before the deadline to petition for review of Order No. 31 had 
passed. No petitions for review of the second ID were filed.
    The Commission has determined to review the first ID, Order No. 31, 
in its entirety, and on review, to vacate that ID as moot because the 
summary determination issues became moot in light of Novartis's motion 
to withdraw its complaint and terminate the investigation. Vice Chair 
Stayin and Commissioner Johanson do not join the Commission's decision 
to review and vacate Order No. 31. In the absence of a request from any 
party to review or vacate the Order, or any other grounds for review 
set forth in 19 CFR 210.44, they would not review Order No. 31.
    The Commission has further determined not to review the second ID, 
Order No. 33, terminating the investigation. The investigation is 
hereby terminated in its entirety.
    The Commission vote for this determination took place on May 3, 
2021.
    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: May 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09576 Filed 5-5-21; 8:45 am]
BILLING CODE 7020-02-P