Certain Products Containing Tirzepatide and Products Purporting To Contain Tirzepatide; Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Motion To Amend the Complaint and Notice of Investigation, 46159-46160 [2024-11534]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices Commission determined that the appropriate remedy is: (i) an LEO against Realtek’s and TCL’s infringing products and (ii) cease and desist orders (‘‘CDOs’’) against each of the TCL entities, but not against Realtek. 89 FR at 5935. The Commission also set the bond during the period of Presidential review at zero (0) percent of the entered value of the infringing articles. Id. On February 1, 2024, Realtek filed a petition for reconsideration of the following sentence on page 59 of the Commission’s Opinion: ‘‘The Commission has determined not to limit the remedial orders to ‘GPUs with an ARM architecture.’’’ On May 6, 2024, the Commission denied Realtek’s petition for reconsideration, reiterating that the LEO covers any of Realtek’s infringing products that are within the scope of the investigation, including those containing GPUs manufactured by entities other than ARM. See Comm’n Notice (May 7, 2024). On March 28, 2024, Realtek filed an appeal from the Commission’s final determination with the U.S. Court of Appeals for the Federal Circuit. See Realtek Semiconductor Corp. v. ITC, Appeal Nos. 24–1613. That appeal remains pending. On April 1, 2024, AMD and TCL filed a joint petition to modify in part the LEO as to TCL and rescind the CDOs against TCL based on a settlement agreement. On April 12, 2024, AMD and TCL filed a joint corrected petition to modify and rescind. On April 30, 2024, the Commission determined not to institute the requested modification and rescission proceedings due to the petition’s failure to comply with the Commission’s rules. See Comm’n Notice (May 1, 2024). The Commission specified that the determination not to institute was without prejudice. Id. On May 7, 2024, AMD and TCL filed a second corrected joint petition to modify and rescind. The second corrected petition is currently pending before the Commission. On April 19, 2024, pursuant to 19 U.S.C. 1337(k) and Commission Rule 210.76(a) (19 CFR 210.76(a)), Realtek filed a petition to institute a modification proceeding as to the LEO based on a changed condition of fact. Specifically, Realtek contends that, on information and belief, non-party ARM—which supplied the GPUs contained in Realtek’s products adjudicated as infringing the ’381 patent—recently acquired a license to the ’381 patent. On May 1, 2024, AMD filed a response opposing the petition. On May 3, 2024, Realtek submitted a letter to the Secretary in reply to AMD’s opposition. On May 9, 2024, AMD VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 submitted a letter to the Secretary in response to Realtek’s letter. The Commission, having reviewed the record in this investigation, including Realtek’s petition, AMD’s response thereto, Realtek’s letter in reply, and AMD’s letter in response to Realtek’s letter, has determined that Realtek’s petition complies with the Commission’s rules. Accordingly, the Commission has determined that institution of a modification proceeding is warranted under 19 U.S.C. 1337(k) and 19 CFR 210.76. The Commission has further determined to delegate the proceeding to a presiding administrative law judge (‘‘ALJ’’). For the modification proceeding so instituted, the Chief Administrative Law Judge, shall designate the presiding ALJ. The presiding ALJ shall submit a recommended determination within six (6) months after publication of notice of this Order in the Federal Register. AMD and Realtek are named as parties to the modification proceeding. The Commission vote for this determination took place on May 21, 2024. 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 21, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–11606 Filed 5–24–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1377] Certain Products Containing Tirzepatide and Products Purporting To Contain Tirzepatide; Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 12) of the presiding administrative law judge (‘‘ALJ’’) granting-in-part a motion to amend the complaint and notice of SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 46159 investigation to name two additional respondents. FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3316. 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 27, 2023, based upon a complaint filed on behalf of Eli Lilly and Company (‘‘Eli Lilly’’) of Indianapolis, Indiana. 88 FR 82914–15 (Nov. 27, 2023). The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States and the sale of certain products containing tirzepatide or purporting to contain tirzepatide by reason of false designation of source and false and misleading advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States, and based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products containing tirzepatide or purporting to contain tirzepatide by reason of infringement of U.S. Trademark No. 6,809,369. Id. The complaint also alleges that a domestic industry exists pursuant to subsection (a)(2) of section 337. Id. The Commission’s notice of investigation named as respondents Arctic Peptides LLC of Akeny, Iowa; Audrey Beauty Co. of Hong Kong, China; Biolabshop Limited of Lancaster, United Kingdom; Mew Mews Company Limited of Hong Kong, China; Strate Labs LLC of Spring, Texas; Steroide Kaufen of Bialystok, Poland; Super Human Store of Barcelona, Spain; Supopeptide of Cedar Grove, New Jersey; Triggered Supplements LLC of Clearwater, Florida; Unewlife of Cedar Grove, New Jersey; and Xiamen Austronext Trading Co., Ltd. of Fujian, China. Id. at 82915. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party in this investigation. Id. E:\FR\FM\28MYN1.SGM 28MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 46160 Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices Respondents Unewlife, Supopeptide, and Steroide Kaufen were terminated pursuant to withdrawal of the complaint. See Order No. 8 (Mar. 7, 2024), unreviewed by Comm’n Notice (Mar. 21, 2024). Respondents Arctic Peptides LLC; Audrey Beauty Co., Ltd.; Biolabshop Limited; Mew Mews Co. Ltd.; Strate Labs LLC; Super Human Store; Triggered Supplements LLC (d/b/ a The Triggered Brand); and Xiamen Austronext Trading Co., Ltd. (d/b/a AustroPeptide) have been found in default. See Order No. 13 (Apr. 22, 2024), unreviewed by Comm’n Notice (May 15, 2024). On March 15, 2024, Eli Lilly filed a motion to amend the complaint and notice of investigation to name four additional respondents. On March 29, 2024, OUII filed a response to the motion identifying certain deficiencies in the proposed amendment. On April 2, 2024, Eli Lilly filed a motion for leave to submit a reply in support its motion, which was granted pursuant to Order No. 11 (Apr. 3, 2024). On April 9, 2024, OUII filed a sur-reply, which did not oppose the proposed amendment with respect to three respondents. On April 22, 2024, the ALJ issued the subject ID granting-in-part the motion to amend and addressing other related issues. The ALJ found that Eli Lilly had complied with the requirements of Commission Rule 210.14(b) (19 CFR 210.14(b)) for amendment of the complaint and notice of investigation to add two respondents: Fibonacci Sequence LLC d/b/a GenX Peptides (‘‘GenX Peptides’’) of Houston, Texas; and Paradigm Peptides of Michigan City, Indiana. See ID at 7–11. In the same order, the ALJ denied-in-part the motion to amend with respect to two other proposed respondents and addressed related procedural issues, but these are not part of the initial determination that is before the Commission to review. See id. at 11–13. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. The complaint and notice of investigation are hereby amended to add respondents GenX Peptides and Paradigm Peptides. The Commission vote for this determination took place on May 21, 2024. 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. VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 Issued: May 21, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–11534 Filed 5–24–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–593–596 and 731–TA–1401–1406 (Review)] Large Diameter Welded Pipe From Canada, China, Greece, India, South Korea, and Turkey; Notice of Commission Determination To Conduct Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty orders on large diameter welded pipe from China, India, South Korea, and Turkey and revocation of the antidumping duty orders on large diameter welded pipe from Canada, China, Greece, India, South Korea, and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. DATES: May 6, 2024. FOR FURTHER INFORMATION CONTACT: Nitin Joshi (202–708–1669), 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. 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 through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUMMARY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 On May 6, 2024, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that the domestic interested party group responses and the respondent interested party group responses from Canada and Greece to its notice of institution (89 FR 6543, February 1, 2024) were adequate, and determined to conduct full reviews of the orders on imports from Canada and Greece. The Commission also found that the respondent interested party group responses from China, India, South Korea, and Turkey were inadequate 1 but determined to conduct full reviews of the orders on imports from those countries in order to promote administrative efficiency in light of its determinations to conduct full reviews of the orders with respect to Canada and Greece. A record of the Commissioners’ votes will be available from the Office of the Secretary and at the Commission’s website. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: May 22, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–11624 Filed 5–24–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1360] Certain Portable Battery Jump Starters and Components Thereof (III); Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on May 17, 2024, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest SUMMARY: 1 Commissioner Jason E. Kearns found the respondent group response to be adequate in the five-year review concerning imports of large diameter welded pipe from India. E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46159-46160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11534]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1377]


Certain Products Containing Tirzepatide and Products Purporting 
To Contain Tirzepatide; Notice of a Commission Determination Not To 
Review an Initial Determination Granting-in-Part Motion To Amend the 
Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 12) of the presiding administrative 
law judge (``ALJ'') granting-in-part a motion to amend the complaint 
and notice of investigation to name two additional respondents.

FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3316. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 27, 2023, based upon a complaint filed on behalf of Eli 
Lilly and Company (``Eli Lilly'') of Indianapolis, Indiana. 88 FR 
82914-15 (Nov. 27, 2023). The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States and the sale of certain products containing tirzepatide or 
purporting to contain tirzepatide by reason of false designation of 
source and false and misleading advertising, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States, and based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain products containing tirzepatide or purporting to 
contain tirzepatide by reason of infringement of U.S. Trademark No. 
6,809,369. Id. The complaint also alleges that a domestic industry 
exists pursuant to subsection (a)(2) of section 337. Id.
    The Commission's notice of investigation named as respondents 
Arctic Peptides LLC of Akeny, Iowa; Audrey Beauty Co. of Hong Kong, 
China; Biolabshop Limited of Lancaster, United Kingdom; Mew Mews 
Company Limited of Hong Kong, China; Strate Labs LLC of Spring, Texas; 
Steroide Kaufen of Bialystok, Poland; Super Human Store of Barcelona, 
Spain; Supopeptide of Cedar Grove, New Jersey; Triggered Supplements 
LLC of Clearwater, Florida; Unewlife of Cedar Grove, New Jersey; and 
Xiamen Austronext Trading Co., Ltd. of Fujian, China. Id. at 82915. The 
Office of Unfair Import Investigations (``OUII'') is also named as a 
party in this investigation. Id.

[[Page 46160]]

    Respondents Unewlife, Supopeptide, and Steroide Kaufen were 
terminated pursuant to withdrawal of the complaint. See Order No. 8 
(Mar. 7, 2024), unreviewed by Comm'n Notice (Mar. 21, 2024). 
Respondents Arctic Peptides LLC; Audrey Beauty Co., Ltd.; Biolabshop 
Limited; Mew Mews Co. Ltd.; Strate Labs LLC; Super Human Store; 
Triggered Supplements LLC (d/b/a The Triggered Brand); and Xiamen 
Austronext Trading Co., Ltd. (d/b/a AustroPeptide) have been found in 
default. See Order No. 13 (Apr. 22, 2024), unreviewed by Comm'n Notice 
(May 15, 2024).
    On March 15, 2024, Eli Lilly filed a motion to amend the complaint 
and notice of investigation to name four additional respondents. On 
March 29, 2024, OUII filed a response to the motion identifying certain 
deficiencies in the proposed amendment. On April 2, 2024, Eli Lilly 
filed a motion for leave to submit a reply in support its motion, which 
was granted pursuant to Order No. 11 (Apr. 3, 2024). On April 9, 2024, 
OUII filed a sur-reply, which did not oppose the proposed amendment 
with respect to three respondents.
    On April 22, 2024, the ALJ issued the subject ID granting-in-part 
the motion to amend and addressing other related issues. The ALJ found 
that Eli Lilly had complied with the requirements of Commission Rule 
210.14(b) (19 CFR 210.14(b)) for amendment of the complaint and notice 
of investigation to add two respondents: Fibonacci Sequence LLC d/b/a 
GenX Peptides (``GenX Peptides'') of Houston, Texas; and Paradigm 
Peptides of Michigan City, Indiana. See ID at 7-11. In the same order, 
the ALJ denied-in-part the motion to amend with respect to two other 
proposed respondents and addressed related procedural issues, but these 
are not part of the initial determination that is before the Commission 
to review. See id. at 11-13.
    No petitions for review of the subject ID were filed.
    The Commission has determined not to review the subject ID. The 
complaint and notice of investigation are hereby amended to add 
respondents GenX Peptides and Paradigm Peptides.
    The Commission vote for this determination took place on May 21, 
2024.
    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 21, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11534 Filed 5-24-24; 8:45 am]
BILLING CODE 7020-02-P
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