81_FR_37752 81 FR 37640 - Certain Recombinant Factor VIII Products

81 FR 37640 - Certain Recombinant Factor VIII Products

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37640-37641
FR Document2016-13688

Notice is hereby given that the presiding administrative law judge (ALJ) has issued a final initial determination on May 27, 2016, and a recommended determination on remedy and bonding on June 3, 2016. The ALJ found no violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337). Should the Commission, however, find a violation of Section 337, the ALJ recommends that the Commission issue a limited exclusion order that excludes from importation into the United States certain recombinant factor VIII products manufactured by processes that infringe certain claims of U.S. Patent Nos. 6,100,061 and 8,084,252. The respondents are Novo Nordisk A/S of Bagsvaerd, Denmark, and Novo Nordisk Inc. of Plainsboro, N.J. Upon a finding of a violation, the ALJ further recommends that cease and desist orders issue to respondents and be directed to respondents' domestic inventories. This notice is soliciting public interest comments only from the public. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4) within 30 days from service of the recommended determination.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37640-37641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13688]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-956]


Certain Recombinant Factor VIII Products

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (ALJ) has issued a final initial determination on May 27, 2016, 
and a recommended determination on remedy and bonding on June 3, 2016.
    The ALJ found no violation of Section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337). Should the Commission, however, find 
a violation of Section 337, the ALJ recommends that the Commission 
issue a limited exclusion order that excludes from importation into the 
United States certain recombinant factor VIII products manufactured by 
processes that infringe certain claims of U.S. Patent Nos. 6,100,061 
and 8,084,252. The respondents are Novo Nordisk A/S of Bagsvaerd, 
Denmark, and Novo Nordisk Inc. of Plainsboro, N.J. Upon a finding of a 
violation, the ALJ further recommends that cease and desist orders 
issue to respondents and be directed to respondents' domestic 
inventories.
    This notice is soliciting public interest comments only from the 
public. Parties are to file public interest submissions pursuant to 19 
CFR 210.50(a)(4) within 30 days from service of the recommended 
determination.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, (202) 205-3427. The public version of the 
complaint can be accessed on the Commission's electronic docket (EDIS) 
at http://edis.usitc.gov, and 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, (202) 205-2000.
    General information concerning the Commission may also be obtained 
at http://www.usitc.gov. The public record for this investigation may 
be viewed on EDIS at http://edis.usitc.gov. Hearing-impaired persons 
can obtain information on this matter by contacting the Commission's 
TDD terminal at (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).

    Therefore, the Commission is interested in further developing the 
record on the public interest in this investigation. Accordingly, 
members of the public are invited to file submissions of no more than 
five pages, inclusive of attachments, concerning the

[[Page 37641]]

public interest in light of the ALJ's recommended determination on 
remedy and bonding issued in this investigation on June 3, 2016. 
Comments should address whether the issuance of a limited exclusion 
order and cease and desist order would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) explain how the limited exclusion order and cease and desist 
order would impact consumers in the United States.
    Written submissions must be filed no later than by close of 
business on June 29, 2016.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (Inv. No. 337-TA-956) in a prominent place on the 
cover page, the first page, or both. See Handbook for Electronic Filing 
Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/ 
handbook_on_electronic_filing.pdf. Persons with questions regarding 
filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    This action is taken under the authority of Section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 
201.10, 210.46, and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.10, 210.46, 210.50).

    By order of the Commission.

    Issued: June 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-13688 Filed 6-9-16; 8:45 am]
BILLING CODE 7020-02-P



                                                    37640                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                    Copper River, near the village of                       application and its supporting rationale.              that the Commission issue a limited
                                                    Tazlina, Alaska. This notice is intended                A final decision on the merits of the                  exclusion order that excludes from
                                                    to notify the public of the Archdiocese’s               Archdiocese’s application will not be                  importation into the United States
                                                    application and its supporting rationale.               made before September 8, 2016. During                  certain recombinant factor VIII products
                                                    DATES: All comments to this action                      the 90-day period, interested parties                  manufactured by processes that infringe
                                                    should be received on or before                         may comment on the Archdiocese’s                       certain claims of U.S. Patent Nos.
                                                    September 8, 2016.                                      application, AA–094010, and                            6,100,061 and 8,084,252. The
                                                    ADDRESSES: Written comments on the                      supporting evidence. Interested parties                respondents are Novo Nordisk A/S of
                                                    Archdiocese’s application or the BLM                    may comment during this time on the                    Bagsvaerd, Denmark, and Novo Nordisk
                                                    Draft Summary Report for the                            BLM’s Draft Summary Report for the                     Inc. of Plainsboro, N.J. Upon a finding
                                                    Corporation of Archbishop of                            Corporation of Archbishop of                           of a violation, the ALJ further
                                                    Anchorage, Inc. (Archdiocese of                         Anchorage, Inc. (Archdiocese of                        recommends that cease and desist
                                                    Anchorage) application for RDI must be                  Anchorage) Application for Recordable                  orders issue to respondents and be
                                                    filed with the RDI Program Manager                      Disclaimer of Interest.                                directed to respondents’ domestic
                                                    (AK–942), Division of Lands and                            Comments, including names and                       inventories.
                                                    Cadastral, BLM Alaska State Office, 222                 street addresses, will be available for                   This notice is soliciting public
                                                    West Seventh Avenue, #13, Anchorage,                    public review at the Alaska State Office               interest comments only from the public.
                                                    AK 99513.                                               (see ADDRESSES above), during regular                  Parties are to file public interest
                                                                                                            business hours, 7:30 a.m. to 4:30 p.m.,                submissions pursuant to 19 CFR
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Monday through Friday, except Federal                  210.50(a)(4) within 30 days from service
                                                    Angie Nichols, RDI Program Manager, at                  holidays.                                              of the recommended determination.
                                                    222 West 7th Avenue, #13, Anchorage,                       Before including your address, phone                FOR FURTHER INFORMATION CONTACT: Ron
                                                    AK 99513; 907- 271–3359; or anichols@                   number, email address, or other
                                                    blm.gov; or visit the BLM RDI Web site                                                                         Traud, Office of the General Counsel,
                                                                                                            personal identifying information in your               U.S. International Trade Commission,
                                                    at http://www.blm.gov/ak/st/en/prog/                    comment, you should be aware that
                                                    rdi.html. Persons who use a                                                                                    500 E Street SW., Washington, DC
                                                                                                            your entire comment—including your                     20436, (202) 205–3427. The public
                                                    telecommunications device for the deaf                  personal identifying information—may
                                                    (TDD) may call the Federal Information                                                                         version of the complaint can be
                                                                                                            be made publicly available at any time.                accessed on the Commission’s
                                                    Relay System (FIRS) at 1–800–877–8339                   While you can ask us in your comment
                                                    to contact the above individual during                                                                         electronic docket (EDIS) at http://
                                                                                                            to withhold your personal identifying                  edis.usitc.gov, and will be available for
                                                    normal business hours. The FIRS is                      information from public review, we
                                                    available 24 hours of a day, seven days                                                                        inspection during official business
                                                                                                            cannot guarantee that we will be able to               hours (8:45 a.m. to 5:15 p.m.) in the
                                                    a week, to leave a message or question                  do so.
                                                    with the above individual. You will                                                                            Office of the Secretary, U.S.
                                                                                                               If the evidence is sufficient to find a             International Trade Commission, 500 E
                                                    receive a reply during normal business                  favorable determination and neither the
                                                    hours.                                                                                                         Street SW., Washington, DC 20436,
                                                                                                            records nor a valid objection disclose a               (202) 205–2000.
                                                    SUPPLEMENTARY INFORMATION:     The                      reason not to disclaim, then the                          General information concerning the
                                                    Archdiocese has filed an application for                application may be approved.                           Commission may also be obtained at
                                                    an RDI pursuant to Section 315 of the                     Authority: 43 CFR 1864.                              http://www.usitc.gov. The public record
                                                    Federal Land Policy and Management                                                                             for this investigation may be viewed on
                                                    Act of 1976 (43 U.S.C. 1745), as                        Erika L. Reed,
                                                                                                                                                                   EDIS at http://edis.usitc.gov. Hearing-
                                                    amended, and the regulations contained                  Acting Deputy State Director, Division of              impaired persons can obtain
                                                    in 43 CFR subpart 1864 for the surface                  Lands and Cadastral.
                                                                                                                                                                   information on this matter by contacting
                                                    estate of the following lands:                          [FR Doc. 2016–13763 Filed 6–9–16; 8:45 am]
                                                                                                                                                                   the Commission’s TDD terminal at (202)
                                                                                                            BILLING CODE 4310–JA–P                                 205–1810.
                                                    Copper River Meridian, Alaska
                                                    T. 3 N., R. 1 W.,                                                                                              SUPPLEMENTARY INFORMATION: Section
                                                      Sec. 10, lots 6 and 7, NW1⁄4SW1⁄4,                                                                           337 of the Tariff Act of 1930 provides
                                                                                                            INTERNATIONAL TRADE                                    that if the Commission finds a violation
                                                         S1⁄2SW1⁄4;
                                                      Sec. 15, lots 2, 3, 4, 7, and 8, N1⁄2NW1⁄4,           COMMISSION                                             it shall exclude the articles concerned
                                                         SE1⁄4NW1⁄4.                                        [Investigation No. 337–TA–956]                         from the United States:
                                                      The areas described aggregate 461.67 acres.                                                                  unless, after considering the effect of such
                                                    In the application, the Archdiocese asserts             Certain Recombinant Factor VIII                        exclusion upon the public health and
                                                    that the United States has no interest in the           Products                                               welfare, competitive conditions in the United
                                                    property.                                                                                                      States economy, the production of like or
                                                                                                            AGENCY: U.S. International Trade
                                                      The lands were patented under                                                                                directly competitive articles in the United
                                                                                                            Commission.                                            States, and United States consumers, it finds
                                                    Private Law 151. Both the law and                       ACTION: Notice.                                        that such articles should not be excluded
                                                    patent have language stating that the
                                                                                                                                                                   from entry.
                                                    land is for use as a mission school. The                SUMMARY:   Notice is hereby given that
                                                    Archdiocese believes that the clause for                the presiding administrative law judge                 19 U.S.C. 1337(d)(1). A similar
                                                    use as a mission school casts a cloud on                (ALJ) has issued a final initial                       provision applies to cease and desist
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the title and believes that cloud serves                determination on May 27, 2016, and a                   orders. 19 U.S.C. 1337(f)(1).
                                                    as an impediment to any future use or                   recommended determination on remedy                      Therefore, the Commission is
                                                    sale of the land. If the BLM approves the               and bonding on June 3, 2016.                           interested in further developing the
                                                    application and issues an RDI, it would                   The ALJ found no violation of Section                record on the public interest in this
                                                    confirm that the United States has no                   337 of the Tariff Act of 1930, as                      investigation. Accordingly, members of
                                                    valid interest in the subject lands.                    amended (19 U.S.C. 1337). Should the                   the public are invited to file
                                                      By this notice the BLM is informing                   Commission, however, find a violation                  submissions of no more than five pages,
                                                    the public of the Archdiocese’s                         of Section 337, the ALJ recommends                     inclusive of attachments, concerning the


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                                                                                    Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices                                            37641

                                                    public interest in light of the ALJ’s                   for which confidential treatment by the                22041; telephone: (703) 305–0470.
                                                    recommended determination on remedy                     Commission is properly sought will be                  Written comments and/or suggestions
                                                    and bonding issued in this investigation                treated accordingly. A redacted non-                   can also be directed to the Office of
                                                    on June 3, 2016. Comments should                        confidential version of the document                   Management and Budget, Office of
                                                    address whether the issuance of a                       must also be filed simultaneously with                 Information and Regulatory Affairs,
                                                    limited exclusion order and cease and                   any confidential filing. All non-                      Attention Department of Justice Desk
                                                    desist order would affect the public                    confidential written submissions will be               Officer, Washington, DC 20503 or sent
                                                    health and welfare in the United States,                available for public inspection at the                 to OIRA_submissions@omb.eop.gov.
                                                    competitive conditions in the United                    Office of the Secretary and on EDIS.                   SUPPLEMENTARY INFORMATION: Written
                                                    States economy, the production of like                     This action is taken under the                      comments and suggestions from the
                                                    or directly competitive articles in the                 authority of Section 337 of the Tariff Act             public and affected agencies concerning
                                                    United States, or United States                         of 1930, as amended (19 U.S.C. 1337),                  the proposed collection of information
                                                    consumers.                                              and of sections 201.10, 210.46, and                    are encouraged. Your comments should
                                                       In particular, the Commission is                     210.50 of the Commission’s Rules of                    address one or more of the following
                                                    interested in comments that:                            Practice and Procedure (19 CFR 201.10,                 four points:
                                                       (i) Explain how the articles                         210.46, 210.50).
                                                    potentially subject to the recommended                                                                         —Evaluate whether the proposed
                                                                                                              By order of the Commission.                            collection of information is necessary
                                                    orders are used in the United States;
                                                       (ii) identify any public health, safety,               Issued: June 6, 2016.                                  for the proper performance of the
                                                    or welfare concerns in the United States                Lisa R. Barton,                                          functions of the Executive Office for
                                                    relating to the recommended orders;                     Secretary to the Commission.                             Immigration Review, including
                                                       (iii) identify like or directly                      [FR Doc. 2016–13688 Filed 6–9–16; 8:45 am]               whether the information will have
                                                    competitive articles that complainant,                  BILLING CODE 7020–02–P                                   practical utility;
                                                    its licensees, or third parties make in the                                                                    —Evaluate the accuracy of the agency’s
                                                    United States which could replace the                                                                            estimate of the burden of the
                                                    subject articles if they were to be                     DEPARTMENT OF JUSTICE                                    proposed collection of information,
                                                    excluded;                                                                                                        including the validity of the
                                                       (iv) indicate whether complainant,                   Executive Office for Immigration                         methodology and assumptions used;
                                                    complainant’s licensees, and/or third                   Review                                                 —Evaluate whether and if so how the
                                                    party suppliers have the capacity to                                                                             quality, utility, and clarity of the
                                                                                                            [OMB 1125–0002]
                                                    replace the volume of articles                                                                                   information to be collected can be
                                                    potentially subject to the recommended                  Agency Information Collection                            enhanced; and
                                                    exclusion order and/or a cease and                      Activities; Proposed eCollection;                      —Minimize the burden of the collection
                                                    desist order within a commercially                      eComments Requested;Notice of                            of information on those who are to
                                                    reasonable time; and                                    Appeal From a Decision of an                             respond, including through the use of
                                                       (v) explain how the limited exclusion                Immigration Judge (EOIR–26)                              appropriate automated, electronic,
                                                    order and cease and desist order would                                                                           mechanical, or other technological
                                                    impact consumers in the United States.                  AGENCY:  Executive Office for                            collection techniques or other forms
                                                       Written submissions must be filed no                 Immigration Review, Department of                        of information technology, e.g.,
                                                    later than by close of business on June                 Justice.                                                 permitting electronic submission of
                                                    29, 2016.                                               ACTION: 30-Day notice.                                   responses.
                                                       Persons filing written submissions
                                                    must file the original document                         SUMMARY:   The Department of Justice                   Overview of This Information
                                                    electronically on or before the deadlines               (DOJ), Executive Office for Immigration                Collection
                                                    stated above and submit eight true paper                Review, will be submitting the                           1. Type of Information Collection:
                                                    copies to the Office of the Secretary by                following information collection request               Extension of a currently approved
                                                    noon the next day pursuant to section                   to the Office of Management and Budget                 collection.
                                                    210.4(f) of the Commission’s Rules of                   (OMB) for review and approval in                         2. The Title of the Form/Collection:
                                                    Practice and Procedure (19 CFR                          accordance with the Paperwork                          Notice of Appeal from a Decision of an
                                                    210.4(f)). Submissions should refer to                  Reduction Act of 1995. This proposed                   Immigration Judge.
                                                    the investigation number (Inv. No. 337–                 collection was previously published in                   3. The agency form number, if any,
                                                    TA–956) in a prominent place on the                     Federal Register at 81 FR 19639, on                    and the applicable component of the
                                                    cover page, the first page, or both. See                April 5, 2016, allowing for a 60 day                   Department sponsoring the collection:
                                                    Handbook for Electronic Filing                          comment period.                                        The form number is EOIR–26, Executive
                                                    Procedures, http://www.usitc.gov/                       DATES: Comments are encouraged and                     Office for Immigration Review, United
                                                    secretary/fed_reg_notices/rules/                        will be accepted for an additional 30                  States Department of Justice.
                                                    handbook_on_electronic_filing.pdf.                      days until July 11, 2016.                                4. Affected public who will be asked
                                                    Persons with questions regarding filing                 FOR FURTHER INFORMATION CONTACT: If                    or required to respond, as well as a brief
                                                    should contact the Secretary at (202)                   you have additional comments                           abstract: A party (either the U.S.
                                                    205–2000.                                               especially on the estimated public                     Immigration and Customs Enforcement
                                                       Any person desiring to submit a                      burden or associated response time,                    of the Department of Homeland Security
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    document to the Commission in                           suggestions, or need a copy of the                     or the respondent/applicant) who
                                                    confidence must request confidential                    proposed information collection                        appeals a decision of an Immigration
                                                    treatment. All such requests should be                  instrument with instructions or                        Judge to the Board of Immigration
                                                    directed to the Secretary to the                        additional information, please contact                 Appeals (Board). A party affected by a
                                                    Commission and must include a full                      Jean King, General Counsel, Executive                  decision of an Immigration Judge may
                                                    statement of the reasons why the                        Office for Immigration Review, U.S.                    appeal that decision to the Board,
                                                    Commission should grant such                            Department of Justice, Suite 2600, 5107                provided that the Board has jurisdiction
                                                    treatment. See 19 CFR 201.6. Documents                  Leesburg Pike, Falls Church, Virginia                  pursuant to 8 CFR 1003.1(b). An appeal


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Document Created: 2018-02-08 07:35:49
Document Modified: 2018-02-08 07:35:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactRon Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, (202) 205-3427. The public version of the complaint can be accessed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov, and 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, (202) 205-2000.
FR Citation81 FR 37640 

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