80 FR 24967 - Certain Hemostatic Products and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation on the Basis of Settlement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range		24967-24968
FR Document		2015-10198

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 51) issued by the presiding administrative law judge (``ALJ'') on April 2, 2015, granting complainants' motion to terminate the above-identified investigation on the basis of settlement.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24967-24968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10198]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-913]


Certain Hemostatic Products and Components Thereof; Commission 
Determination Not To Review an Initial Determination Granting a Motion 
To Terminate the Investigation on the Basis of Settlement; Termination 
of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 51) issued by the presiding administrative law 
judge (``ALJ'') on April 2, 2015, granting complainants' motion to 
terminate the above-identified investigation on the basis of 
settlement.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 April 7, 2014, based on a complaint filed on February 28, 2014, and 
supplemented on March 19, 2014, on behalf of Baxter International Inc. 
of Deerfield, Illinois; Baxter Healthcare Corporation of Deerfield, 
Illinois; and Baxter Healthcare SA of Switzerland (collectively, 
``Baxter''). 79 FR 19124 (Apr. 7, 2014). The complaint alleged 
violations of Section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the sale for importation, and sale within the United 
States after importation of certain hemostatic products and components 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
8,303,981; 8,512,729; 6,066,325; 8,357,378; and 8,603,511. The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337. The Commission's 
notice of investigation named as respondents Johnson & Johnson 
(``J&J'') of Brunswick, New Jersey; Ethicon, Inc. (``Ethicon'') of 
Somerville, New Jersey; Ferrosan Medical Devices A/S (``Ferrosan'') of 
Denmark; and Packaging Coordinators, Inc. (``PCI'') of Philadelphia, 
Pennsylvania. 79 FR 19125. The Office of Unfair Import Investigations 
was named as a party to the investigation. Id. Subsequently, the 
investigation was terminated with respect to J&J and PCI. See Notice of 
Commission Determination Not to Review an Initial Determination 
Partially Terminating the Investigation Based on a Withdrawal of the 
Complaint (July 14, 2014).
    On March 31, 2015, Baxter moved to terminate the investigation as 
to respondents Ethicon and Ferrosan based

[[Page 24968]]

upon a settlement agreement between them. The parties asserted that 
there are no other agreements, written or oral, express or implied 
between them concerning the subject matter of this investigation. The 
Commission's Investigative Attorney filed a response in support of the 
motion.
    On April 2, 2015, the ALJ issued an ID (Order No. 51), granting the 
motion to terminate the investigation as to respondents Ethicon and 
Ferrosan. The ALJ found that the settlement agreement appears to 
resolve the dispute between the parties, and that granting the motion 
would not adversely affect the public interest factors. No petitions 
for review were filed.
    The Commission has determined not to review the subject ID.
    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 section 210 of the Commission's Rules of Practice and Procedure (19 
CFR part 210).

    By order of the Commission.

    Issued: April 27, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-10198 Filed 4-30-15; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices 24967

of the existing Navajo Mine lease, which IV. Alternatives Counsel, U.S. International Trade
is located adjacent to the FCPP on Alternatives considered in the FEIS Commission, 500 E Street SW.,
Navajo tribal trust lands. Surface mining include three different mine plan Washington, DC 20436, telephone (202)
operations would occur on an configurations at Navajo Mine; 205–2392. Copies of non-confidential
approximately 2,744-acre portion of the implementing highwall or longwall documents filed in connection with this
proposed Pinabete Permit area, with a mining techniques at the Navajo Mine; investigation are or will be available for
total disturbance footprint, including two different ash disposal facility inspection during official business
staging areas, of approximately 4,100 configurations at FCPP; conversion of hours (8:45 a.m. to 5:15 p.m.) in the
acres. The proposed Pinabete Permit FCPP to a renewable energy plant; Office of the Secretary, U.S.
area would, in conjunction with the implementing carbon capture and International Trade Commission, 500 E
mining of any reserves remaining within storage at FCPP; and use of an off-site Street SW., Washington, DC 20436,
the existing Navajo Mine Permit area coal supply option for FCPP. telephone (202) 205–2000. General
(Federal SMCRA Permit NM0003F), information concerning the Commission
supply low-sulfur coal to the FCPP at a V. Revisions to the Draft EIS may also be obtained by accessing its
rate of approximately 5.8 million tons In accordance with the CEQ’s Internet server (http://www.usitc.gov).
per year. Development of the Pinabete regulations for implementing NEPA and The public record for this investigation
Permit area and associated coal reserves the DOI’s NEPA regulations, OSMRE may be viewed on the Commission’s
would use surface mining methods, and solicited public comments on the Draft electronic docket (EDIS) at http://
based on current projected customer EIS. OSMRE responses to comments are edis.usitc.gov. Hearing-impaired
needs, would supply coal to FCPP for included in Appendix F of the FEIS. persons are advised that information on
up to 25 years beginning in 2016. The Comments on the Draft EIS received this matter can be obtained by
proposed Pinabete Permit area would from the public were considered and contacting the Commission’s TDD
include previously permitted but incorporated as appropriate into the terminal on (202) 205–1810.
undeveloped coal reserves within Area FEIS. Public comments resulted in the SUPPLEMENTARY INFORMATION: The
IV North of the Navajo Mine Lease, and addition of clarifying text, but did not Commission instituted this investigation
unpermitted and undeveloped coal change any of the impact analyses or on April 7, 2014, based on a complaint
reserves in a portion of Area IV South significance determinations. filed on February 28, 2014, and
of the existing Navajo Mine Lease. In addition, the FEIS includes updates supplemented on March 19, 2014, on
Approval of the proposed Pinabete based on evolving regulatory guidance behalf of Baxter International Inc. of
Permit would require several federal and completion of the Section 106 and Deerfield, Illinois; Baxter Healthcare
actions, including: Section 7 consultation processes. Corporation of Deerfield, Illinois; and
• OSMRE approval of the new Baxter Healthcare SA of Switzerland
Authority: 40 CFR 1506.6, 40 CFR 1506.10.
SMCRA permit. (collectively, ‘‘Baxter’’). 79 FR 19124
• BLM approval of a revised Mine Dated: April 16, 2015 . (Apr. 7, 2014). The complaint alleged
Plan developed for the proposed Joseph G. Pizarchik, violations of Section 337 of the Tariff
maximum economic recovery of coal Director, Office of Surface Mining Act of 1930, as amended, 19 U.S.C.
reserves. Reclamation and Control. 1337, in the sale for importation, and
• USACE approval of a Section 404 [FR Doc. 2015–10020 Filed 4–30–15; 8:45 am] sale within the United States after
Individual Permit for impacts to waters BILLING CODE 4310–05–P importation of certain hemostatic
of the United States from proposed products and components thereof by
mining activities. reason of infringement of certain claims
• USEPA approval of a new source INTERNATIONAL TRADE of U.S. Patent Nos. 8,303,981; 8,512,729;
Section 402 National Pollutant COMMISSION 6,066,325; 8,357,378; and 8,603,511.
Discharge Elimination System (NPDES) The complaint further alleges that an
[Investigation No. 337–TA–913]
Industrial Permit associated with the industry in the United States exists as
mining and reclamation operations and Certain Hemostatic Products and required by subsection (a)(2) of section
coal preparation facilities. Components Thereof; Commission 337. The Commission’s notice of
• BIA approval of a proposed Determination Not To Review an Initial investigation named as respondents
realignment for approximately 2.8 miles Determination Granting a Motion To Johnson & Johnson (‘‘J&J’’) of
of BIA 3005/Navajo Road N–5082 Terminate the Investigation on the Brunswick, New Jersey; Ethicon, Inc.
(Burnham Road) in Area IV South to Basis of Settlement; Termination of the (‘‘Ethicon’’) of Somerville, New Jersey;
avoid proposed mining areas. This Investigation Ferrosan Medical Devices A/S
realignment would not be needed until (‘‘Ferrosan’’) of Denmark; and Packaging
2022; however, the potential impacts of AGENCY: U.S. International Trade Coordinators, Inc. (‘‘PCI’’) of
this realignment are analyzed in the Commission. Philadelphia, Pennsylvania. 79 FR
FEIS. ACTION: Notice. 19125. The Office of Unfair Import
• BIA approval or grant of permits or Investigations was named as a party to
rights-of-way for access and haul roads, SUMMARY: Notice is hereby given that the investigation. Id. Subsequently, the
power supply for operations, and the U.S. International Trade investigation was terminated with
related facilities. Commission has determined not to respect to J&J and PCI. See Notice of
review an initial determination (‘‘ID’’)
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In addition, in 2014, OSMRE Commission Determination Not to
administratively delayed its decision on (Order No. 51) issued by the presiding Review an Initial Determination
NTEC’s renewal application for its administrative law judge (‘‘ALJ’’) on Partially Terminating the Investigation
existing Navajo Mine SMCRA Permit April 2, 2015, granting complainants’ Based on a Withdrawal of the Complaint
No. NM00003F. The EIS, therefore, also motion to terminate the above-identified (July 14, 2014).
addresses alternatives and direct, investigation on the basis of settlement. On March 31, 2015, Baxter moved to
indirect, and cumulative impacts of the FOR FURTHER INFORMATION CONTACT: terminate the investigation as to
2014 renewal application action. Cathy Chen, Office of the General respondents Ethicon and Ferrosan based

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24968 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

upon a settlement agreement between be assured of consideration, the (1) Subject Merchandise is the class or
them. The parties asserted that there are deadline for responses is June 1, 2015. kind of merchandise that is within the
no other agreements, written or oral, Comments on the adequacy of responses scope of the five-year review, as defined
express or implied between them may be filed with the Commission by by the Department of Commerce.
concerning the subject matter of this July 14, 2015. (2) The Subject Country in this review
investigation. The Commission’s is China.
DATES: Effective Date: May 1, 2015. (3) The Domestic Like Product is the
Investigative Attorney filed a response
in support of the motion. FOR FURTHER INFORMATION CONTACT: domestically produced product or
On April 2, 2015, the ALJ issued an Mary Messer (202–205–3193), Office of products which are like, or in the
ID (Order No. 51), granting the motion Investigations, U.S. International Trade absence of like, most similar in
to terminate the investigation as to Commission, 500 E Street SW., characteristics and uses with, the
respondents Ethicon and Ferrosan. The Washington, DC 20436. Hearing- Subject Merchandise. In its original
ALJ found that the settlement agreement impaired persons can obtain determination and full first five-year
appears to resolve the dispute between information on this matter by contacting review, the Commission found one
the parties, and that granting the motion the Commission’s TDD terminal on 202– Domestic Like Product consisting of
would not adversely affect the public 205–1810. Persons with mobility ironing tables and certain parts thereof,
interest factors. No petitions for review impairments who will need special coextensive with Commerce’s scope.
were filed. assistance in gaining access to the (4) The Domestic Industry is the U.S.
The Commission has determined not Commission should contact the Office producers as a whole of the Domestic
to review the subject ID. of the Secretary at 202–205–2000. Like Product, or those producers whose
The authority for the Commission’s General information concerning the collective output of the Domestic Like
determination is contained in section Commission may also be obtained by Product constitutes a major proportion
337 of the Tariff Act of 1930, as accessing its Internet server (http:// of the total domestic production of the
amended (19 U.S.C. 1337), and in www.usitc.gov). The public record for product. In its original determination
section 210 of the Commission’s Rules this proceeding may be viewed on the and full first five-year review
of Practice and Procedure (19 CFR part Commission’s electronic docket (EDIS) determination, the Commission defined
210). at http://edis.usitc.gov. the Domestic Industry as U.S. producers
of the Domestic Like Product.
By order of the Commission. SUPPLEMENTARY INFORMATION: (5) An Importer is any person or firm
Issued: April 27, 2015. Background.—On August 6, 2004, the engaged, either directly or through a
Lisa R. Barton, Department of Commerce issued an parent company or subsidiary, in
Secretary to the Commission. antidumping duty order on imports of importing the Subject Merchandise into
[FR Doc. 2015–10198 Filed 4–30–15; 8:45 am]
ironing tables and certain parts thereof the United States from a foreign
from China (69 FR 47868). Following manufacturer or through its selling
BILLING CODE 7020–02–P
the first five-year reviews by Commerce agent.
and the Commission, effective June 28, Participation in the proceeding and
INTERNATIONAL TRADE 2010, Commerce issued a continuation public service list.—Persons, including
COMMISSION of the antidumping duty order on industrial users of the Subject
imports of ironing tables and certain Merchandise and, if the merchandise is
[Investigation No. 731–TA–1047 (Second parts thereof from China (75 FR 36629). sold at the retail level, representative
Review)] The Commission is now conducting a consumer organizations, wishing to
Ironing Tables and Certain Parts second review pursuant to section participate in the proceeding as parties
Thereof From China; Institution of a 751(c) of the Tariff Act of 1930, as must file an entry of appearance with
Five-Year Review amended (19 U.S.C. 1675(c)) to the Secretary to the Commission, as
determine whether revocation of the provided in section 201.11(b)(4) of the
AGENCY: United States International order would be likely to lead to Commission’s rules, no later than 21
Trade Commission. continuation or recurrence of material days after publication of this notice in
ACTION: Notice. injury to the domestic industry within the Federal Register. The Secretary will
a reasonably foreseeable time. maintain a public service list containing
SUMMARY: The Commission hereby gives Provisions concerning the conduct of the names and addresses of all persons,
notice that it has instituted a review this proceeding may be found in the or their representatives, who are parties
pursuant to the Tariff Act of 1930 (the Commission’s Rules of Practice and to the proceeding.
Act) to determine whether revocation of Procedure at 19 CFR parts 201, subparts Former Commission employees who
the antidumping duty order on ironing A and B and 19 CFR part 207, subparts are seeking to appear in Commission
tables and certain parts thereof from A and F. The Commission will assess five-year reviews are advised that they
China would be likely to lead to the adequacy of interested party may appear in a review even if they
continuation or recurrence of material responses to this notice of institution to participated personally and
injury. Pursuant to the Act, interested determine whether to conduct a full substantially in the corresponding
parties are requested to respond to this review or an expedited review. The underlying original investigation or an
notice by submitting the information Commission’s determination in any earlier review of the same underlying
specified below to the Commission; 1 to expedited review will be based on the investigation. The Commission’s
facts available, which may include
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1 No response to this request for information is
designated agency ethics official has
information provided in response to this advised that a five-year review is not the
required if a currently valid Office of Management
and Budget (OMB) number is not displayed; the notice. same particular matter as the underlying
OMB number is 3117–0016/USITC No. 15–5–332, Definitions.—The following original investigation, and a five-year
expiration date June 30, 2017. Public reporting definitions apply to this review: review is not the same particular matter
burden for the request is estimated to average 15
hours per response. Please send comments
as an earlier review of the same
regarding the accuracy of this burden estimate to Commission, 500 E Street SW., Washington, DC underlying investigation for purposes of
the Office of Investigations, U.S. International Trade 20436. 18 U.S.C. 207, the post employment

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Document Created: 2018-02-21 10:20:33
Document Modified: 2018-02-21 10:20:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. 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 (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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.
FR Citation		80 FR 24967