80 FR 62569 - Certain Recombinant Factor VIII Products; Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 200 (October 16, 2015)

Page Range		62569-62570
FR Document		2015-26295

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) granting an unopposed motion to add as complainants Baxalta, Inc. of Deerfield, Illinois; Baxalta US Inc. of Deerfield, Illinois; and Baxalta GmbH of Glattpark, Switzerland.

Federal Register, Volume 80 Issue 200 (Friday, October 16, 2015)

[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62569-62570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26295]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-956]


Certain Recombinant Factor VIII Products; Commission 
Determination Not To Review an Initial Determination Granting an 
Unopposed Motion To Amend the Complaint and Notice of 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. 10) granting an unopposed motion to add as 
complainants Baxalta, Inc. of Deerfield, Illinois; Baxalta US Inc. of 
Deerfield, Illinois; and Baxalta GmbH of Glattpark, Switzerland.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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

[[Page 62570]]

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 May 22, 2015, based on a complaint filed by Baxter International 
Inc. of Deerfield, Illinois; Baxter Healthcare Corporation of 
Deerfield, Illinois; and Baxter Healthcare SA of Glattpark, Switzerland 
(``Baxter''). 80 FR 29745 (May 22, 2015). The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain recombinant factor VIII products by reason of infringement of 
certain claims of U.S. Patent Nos. 6,100,061; 6,936,441; and 8,084,252. 
Id. The notice of investigation named Novo Nordisk A/S of Bagsvaerd, 
Denmark and Novo Nordisk Inc. of Plainsboro, New Jersey (``Novo 
Nordisk'') as respondents. Id. at 29746. The Office of Unfair Import 
Investigations (``OUII'') also was named as a party to the 
investigation. Id.
    On September 3, 2015, Baxter filed a motion to amend the complaint 
and notice of investigation to add Baxalta, Inc., Baxalta US Inc., and 
Baxalta GmbH (``the Baxalta entities'') as complainants. Neither Novo 
Nordisk nor OUII opposed the motion.
    On September 16, 2015, the presiding administrative law judge 
(``ALJ'') issued an ID, Order No. 10, granting the motion to amend the 
complaint and notice of investigation. The ALJ found good cause for the 
amendment. The ALJ found the amendment would not prejudice the parties 
because (1) they have been aware of a corporate transition involving 
Baxter and the Baxalta entities since the service of the complaint and 
the notice of investigation and (2) Baxter has been responding to 
discovery requests as though they were directed to Baxter and the 
Baxalta entities and will continue to do so. The ALJ found that having 
the correct parties in the investigation would simplify and streamline 
the discovery process. No petitions for review of the ID 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26295 Filed 10-15-15; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices 62569

most existing projects). We also want to the stratum (http://en.wikipedia.org/ respondents. In addition, we plan to
use beaches on the Atlantic coast for our wiki/Stratified_sampling). The use of publish the raw data.
shots. The coastlines in Europe where New York state as a stratum fails this Public Availability of Comments:
turbines exist are very different from the principal. There is Long Island which is Before including your address, phone
coastline in the United States. the beach community. New York City a number, email address, or other
Comment: The geology of the Atlantic major city with near by ocean beaches. personal identifying information in your
OCS indicates it is a natural gas Up state New York has ocean beaches comment, you should be aware that
province. For example in the 1970s, which are more distant. Does not make your entire comment—including your
there was a natural gas discovery off the sense to put Hampton’s and Buffalo in personal identifying information—may
coast of Atlantic City, New Jersey. the same stratum! be made publicly available at any time.
Natural gas production accidents do not Response: See comment to previous While you can ask us in your comment
yield oil and tar balls. A better question. We no longer stratify by state. to withhold your personal identifying
hypothetical would be beach closures Comment: The total sample size for information from public review, we
from hurricanes and nor’easters. The the participants of 1,400 is reasonable cannot guarantee that we will be able to
respondents should be familiar with for obtaining summary insights. The do so.
these kinds of events. data collection includes attributes, such Dated: October 1, 2015.
Response: These hypothetical beach as distance to the beach, education,
closure questions have been dropped Deanna Meyer-Pietruszka,
number of children, employment status Chief, Office of Policy, Regulations, and
altogether. and income. If this survey has a goal of
Comment: There is a question asking Analysis.
obtaining insights at this kind of [FR Doc. 2015–25971 Filed 10–15–15; 8:45 am]
for personal annual income from granular level then the sample size will
working. There are many who have BILLING CODE 4310–MR–P
need to be adjusted to meet these goals.
considerable income without working.
Response: Our budget limits us to the
Is it the intent not to capture this
sample size we are using.
information? They have the time and INTERNATIONAL TRADE
Comment: The statistical survey
the resources to be frequent ocean beach COMMISSION
design should follow Dillman’s Tailored
users.
Response: The income question has Design Method (http:// [Investigation No. 337–TA–956]
been changed to read: ‘‘Which category www.amazon.com/Internet-Phone-Mail-
Mixed-Mode-Surveys/dp/1118456149/ Certain Recombinant Factor VIII
is closest to your personal annual Products; Commission Determination
income before taxes?’’ ref=dp_ob_title_bk). This is the
approach that is being used by BOEM in Not To Review an Initial Determination
Comment: The stratum sample sizes Granting an Unopposed Motion To
for the survey gives the appearance of Alaska in the Arctic Communities
Survey. Amend the Complaint and Notice of
being arbitrary. Consider that New Investigation
Jersey & Delaware has a stratum of Response: Our survey follows
population of 8.8 million with a sample Dillman’s method fairly closely. It may AGENCY: U.S. International Trade
size of 200 participants. That works out depart in a few instances based on our Commission.
to 22.73 participants per million. own judgment calls, but it is largely ACTION: Notice.
Compare to Pennsylvania 10.4 million based on Dillman.
population with 150 participants which Comment: The commenter made the SUMMARY: Notice is hereby given that
is 14.42 participants per million. So following recommendations: the U.S. International Trade
citizens of Delaware are about 50% • Establish clear goals for the Commission has determined not to
more likely to be selected as compared information collection, which then review an initial determination (‘‘ID’’)
to Pennsylvania citizens. For full drives the design. (Order No. 10) granting an unopposed
disclosure the University of Delaware is • Use Dillman’s Tailored Design motion to add as complainants Baxalta,
conducting the survey and I am a Method. Inc. of Deerfield, Illinois; Baxalta US
resident of Pennsylvania who is also a • Create stratums that are Inc. of Deerfield, Illinois; and Baxalta
property owner in New Jersey. Further approximately homogeneous. Suggested GmbH of Glattpark, Switzerland.
someone in Memphis, TN, is part of the stratums: Near Ocean Beaches (SC coast, FOR FURTHER INFORMATION CONTACT:
survey universe, however someone Outer Banks, Tidewater VA, Delmarva, Lucy Grace D. Noyola, Office of the
living in Vermont is excluded. I have Jersey shore, Long Island, Rhode Island, General Counsel, U.S. International
family members who live in Vermont Cape Cod), Metro Areas (Washington, Trade Commission, 500 E Street SW.,
and frequently visit the Jersey Shore. Baltimore, Philadelphia, New York City, Washington, DC 20436, telephone 202–
Response: Based on this comment and Boston metro areas), Inland (Other parts 205–3438. Copies of non-confidential
comments from others we have of SC, NC, VA, MD, Central PA, NJ, CT, documents filed in connection with this
redesigned the sampling strategy to MA), Distant Areas (OH, WV, TN, KY, investigation are or will be available for
include two separate samples: A Western PA, Upstate NY, VT, NH). inspection during official business
General Population Sample and an • Use zip codes for location of hours (8:45 a.m. to 5:15 p.m.) in the
Oversample Sample. The former is a respondents. Office of the Secretary, U.S.
random draw from all individuals in the • Publish the raw data so it can be International Trade Commission, 500 E
20 states in our region (now including independently analyzed. Street SW., Washington, DC 20436,
Vermont, New Hampshire, Maine, and Response: We addressed most of the telephone 202–205–2000. General
srobinson on DSK5SPTVN1PROD with NOTICES

Georgia) and the latter is a random draw recommendations in our responses. As information concerning the Commission
from all beachgoers in the same states. noted, our survey was designed with a may also be obtained by accessing its
Since both of these samples are specific economic model in mind—a Internet server (http://www.usitc.gov).
randomly drawn, the representation is travel cost model; we use Dillman’s The public record for this investigation
proportional to state populations. approach fairly closely, but not always; may be viewed on the Commission’s
Comment: A good property of selected we no longer stratify by geography; and electronic docket (EDIS) at http://
stratum is to have homogeneity within we will use zip codes for location of the edis.usitc.gov. Hearing-impaired

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62570 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Notices

persons are advised that information on Issued: October 8, 2015. United States, the sale for importation,
this matter can be obtained by Lisa R. Barton, and the sale within the United States
contacting the Commission’s TDD Secretary to the Commission. after importation of certain automated
terminal on 202–205–1810. [FR Doc. 2015–26295 Filed 10–15–15; 8:45 am] teller machines, point of sale devices,
SUPPLEMENTARY INFORMATION: The BILLING CODE 7020–02–P
and associated software that infringes
Commission instituted this investigation claims 1–3, 5–7, and 9 of U.S. Patent
on May 22, 2015, based on a complaint No. 6,081,792. Id. The Commission’s
filed by Baxter International Inc. of INTERNATIONAL TRADE notice of investigation named as
Deerfield, Illinois; Baxter Healthcare COMMISSION respondents NRT Technology Corp. of
Corporation of Deerfield, Illinois; and Toronto, Canada and NRT Technologies,
[Investigation No. 337–TA–958]
Baxter Healthcare SA of Glattpark, Inc., of Las Vegas, Nevada. Id. at 32606.
Switzerland (‘‘Baxter’’). 80 FR 29745 Certain Automated Teller Machines The Office of Unfair Import
(May 22, 2015). The complaint alleges and Point of Sale Devices and Investigations (OUII) is a party to the
violations of section 337 of the Tariff Associated Software Thereof; Notice of investigation. Id.
Act of 1930, as amended, 19 U.S.C. Commission Determination Not To On August 26, 2015, Complainant
1337, in the importation into the United Review an Initial Determination filed an unopposed motion to amend
States, the sale for importation, and the Granting Complainant’s Motion To the complaint and the notice of
sale within the United States after Amend the Complaint and the Notice investigation to change the name of
importation of certain recombinant of Investigation Complainant to Everi Payments Inc. to
factor VIII products by reason of reflect a corporate name change.
infringement of certain claims of U.S. AGENCY: U.S. International Trade Complainant asserts that good cause
Patent Nos. 6,100,061; 6,936,441; and Commission. exists for the amendments.
8,084,252. Id. The notice of ACTION: Notice. On September 15, 2015, the ALJ
investigation named Novo Nordisk A/S issued the subject ID, granting
SUMMARY: Notice is hereby given that Complainant’s motion to amend the
of Bagsvaerd, Denmark and Novo
the U.S. International Trade complaint and the notice of
Nordisk Inc. of Plainsboro, New Jersey
Commission has determined not to investigation. The ALJ found good cause
(‘‘Novo Nordisk’’) as respondents. Id. at
review an initial determination (‘‘ID’’) for granting the motion because it is
29746. The Office of Unfair Import
(Order No. 9) issued by the presiding early in the investigation and the
Investigations (‘‘OUII’’) also was named
administrative law judge (‘‘ALJ’’), amendments will not affect discovery or
as a party to the investigation. Id.
granting the complainant’s unopposed any issue to be litigated. No petitions for
On September 3, 2015, Baxter filed a motion to amend the complaint and review of the ID were filed.
motion to amend the complaint and notice of investigation to change the The Commission has determined not
notice of investigation to add Baxalta, corporate name of the complainant. to review the subject ID.
Inc., Baxalta US Inc., and Baxalta GmbH The authority for the Commission’s
FOR FURTHER INFORMATION CONTACT:
(‘‘the Baxalta entities’’) as complainants. determination is contained in section
Robert Needham, Office of the General
Neither Novo Nordisk nor OUII opposed 337 of the Tariff Act of 1930, as
Counsel, U.S. International Trade
the motion. amended (19 U.S.C. 1337), and in Part
Commission, 500 E Street SW.,
On September 16, 2015, the presiding Washington, DC 20436, telephone (202) 210 of the Commission’s Rules of
administrative law judge (‘‘ALJ’’) issued 708–5468. Copies of non-confidential Practice and Procedure (19 CFR part
an ID, Order No. 10, granting the motion documents filed in connection with this 210).
to amend the complaint and notice of investigation are or will be available for By order of the Commission.
investigation. The ALJ found good cause inspection during official business Issued: October 9, 2015.
for the amendment. The ALJ found the hours (8:45 a.m. to 5:15 p.m.) in the Lisa R. Barton,
amendment would not prejudice the Office of the Secretary, U.S.
parties because (1) they have been aware Secretary to the Commission.
International Trade Commission, 500 E [FR Doc. 2015–26307 Filed 10–15–15; 8:45 am]
of a corporate transition involving Street SW., Washington, DC 20436,
Baxter and the Baxalta entities since the telephone (202) 205–2000. General
BILLING CODE 7020–02–P
service of the complaint and the notice information concerning the Commission
of investigation and (2) Baxter has been may also be obtained by accessing its
responding to discovery requests as DEPARTMENT OF JUSTICE
Internet server (http://www.usitc.gov).
though they were directed to Baxter and The public record for this investigation [OMB Number 1110–0058]
the Baxalta entities and will continue to may be viewed on the Commission’s
do so. The ALJ found that having the electronic docket (EDIS) at http:// Agency Information Collection
correct parties in the investigation edis.usitc.gov. Hearing-impaired Activities: Proposed eCollection,
would simplify and streamline the persons are advised that information on eComments Requested; Revision of a
discovery process. No petitions for this matter can be obtained by Currently Approved Collection;
review of the ID were filed. contacting the Commission’s TDD National Incident-Based Reporting
The Commission has determined not terminal on (202) 205–1810. System (NIBRS)
to review the subject ID. SUPPLEMENTARY INFORMATION: The AGENCY: Federal Bureau of
The authority for the Commission’s Commission instituted this investigation
srobinson on DSK5SPTVN1PROD with NOTICES

Investigation, Department of Justice.
determination is contained in section on June 9, 2015, based on a complaint ACTION: 30-Day notice.
337 of the Tariff Act of 1930, as filed by Global Cash Access, Inc.
amended (19 U.S.C. 1337), and in Part (‘‘Complainant’’). 80 FR 32605–06. The SUMMARY: The Department of Justice,
210 of the Commission’s Rules of complaint alleges violations of section Federal Bureau of Investigation,
Practice and Procedure (19 CFR part 337 of the Tariff Act of 1930, as Criminal Justice Information Services
210). amended, 19 U.S.C. 1337 (‘‘section Division has submitted the following
By order of the Commission. 337’’), in the importation into the information collection request to the

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Document Created: 2015-12-14 15:23:25
Document Modified: 2015-12-14 15:23:25

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		Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3438. 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 62569