81_FR_42501 81 FR 42376 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

81 FR 42376 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range42376-42377
FR Document2016-15450

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Potassium Chloride Powder Products, DN 3157; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42376-42377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15450]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

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 received a complaint entitled Certain Potassium Chloride 
Powder Products, DN 3157; the Commission is soliciting comments on any 
public interest issues raised by the complaint or complainant's filing 
under section 210.8(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\1\ 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, telephone (202) 205-2000.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be

[[Page 42377]]

obtained by contacting the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Lehigh Valley Technologies, 
Inc.; Endo Global Ventures; Endo Ventures Limited; and Generics Bidco 
I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) on June 
15, 2016 . The complaint alleges violations of section 337 of the 
Tariff Act of 1930 (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 potassium chloride powder products. The 
complaint names as respondents Viva Pharmaceutical Inc. of Canada; 
Virtus Pharmaceuticals, LLC of Tampa, FL; and Virtus Pharmaceuticals 
OPCO II, LLC of Nashville, TN. The complainant requests that the 
Commission issue a limited exclusion order, cease and desist orders and 
impose a bond upon respondents' alleged infringing articles during the 
60-day Presidential review period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation 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 requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial 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 requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
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 docket 
number (``Docket No. 3157'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures).\4\ Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    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. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    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 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: June 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15450 Filed 6-28-16; 8:45 am]
BILLING CODE 7020-02-P



                                                  42376                        Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices

                                                  review, remedy, bonding, and the public                   Issued: June 23, 2016.                               subparts A through E (19 CFR part 201),
                                                  interest.                                               Lisa R. Barton,                                        and part 207, subparts A and C (19 CFR
                                                     After considering the final ID, written              Secretary to the Commission.                           part 207).
                                                  submissions, and the record in this                     [FR Doc. 2016–15341 Filed 6–28–16; 8:45 am]              Authority: This review is being conducted
                                                  investigation, the Commission has                       BILLING CODE 7020–02–P                                 under authority of title VII of the Tariff Act
                                                  determined to affirm-in-part the final ID                                                                      of 1930; this notice is published pursuant to
                                                                                                                                                                 section 207.62 of the Commission’s rules.
                                                  and to terminate the investigation with
                                                  a finding of violation of section 337.                  INTERNATIONAL TRADE                                      By order of the Commission.
                                                  Specifically, the Commission finds that                 COMMISSION                                               Issued: June 23, 2016.
                                                  a violation of section 337 has occurred                 [Investigation No. 731–TA–1070B (Second                Lisa R. Barton,
                                                  for the ’537, ’592, and ’145 patents and                Review)]                                               Secretary to the Commission.
                                                  no violation has occurred for the ’597                                                                         [FR Doc. 2016–15340 Filed 6–28–16; 8:45 am]
                                                  and ’164 patents. The Commission finds                  Certain Tissue Paper Products From
                                                                                                                                                                 BILLING CODE 7020–02–P
                                                  that the asserted claims of the ’597 and                China; Cancellation of Hearing for Full
                                                  ’164 patents are not directly infringed                 Five-Year Review
                                                  by the accused products.                                AGENCY: United States International                    INTERNATIONAL TRADE
                                                     Having found a violation of section                  Trade Commission.                                      COMMISSION
                                                  337 in this investigation, the                          ACTION: Notice.
                                                                                                                                                                 Notice of Receipt of Complaint;
                                                  Commission has determined that the                                                                             Solicitation of Comments Relating to
                                                  appropriate form of relief is (1) a limited             DATES:   Effective Date: April 12, 2016.
                                                                                                                                                                 the Public Interest
                                                  exclusion order prohibiting the                         FOR FURTHER INFORMATION CONTACT:
                                                  unlicensed entry of certain network                     Justin Enck (202) 205–3363, Office of                  AGENCY: U.S. International Trade
                                                  devices, related software and                           Investigations, U.S. International Trade               Commission.
                                                  components thereof that infringe one or                 Commission, 500 E Street SW.,                          ACTION: Notice.
                                                  more of claims 1, 2, 8–11, and 17–19 of                 Washington, DC 20436. Hearing-
                                                  the ’537 patent; claims 6, 7, 20, and 21                impaired persons can obtain                            SUMMARY:   Notice is hereby given that
                                                                                                          information on this matter by contacting               the U.S. International Trade
                                                  of the ’592 patent; and claims 5, 7, 45,
                                                                                                          the Commission’s TDD terminal on 202–                  Commission has received a complaint
                                                  and 46 of the ’145 patent; and (2) a cease
                                                                                                          205–1810. Persons with mobility                        entitled Certain Potassium Chloride
                                                  and desist order prohibiting Arista from
                                                                                                          impairments who will need special                      Powder Products, DN 3157; the
                                                  importing, selling, marketing,                                                                                 Commission is soliciting comments on
                                                  advertising, distributing, transferring                 assistance in gaining access to the
                                                                                                          Commission should contact the Office                   any public interest issues raised by the
                                                  (except for exportation), and soliciting                                                                       complaint or complainant’s filing under
                                                                                                          of the Secretary at 202–205–2000.
                                                  United States, agents or distributors for                                                                      section 210.8(b) of the Commission’s
                                                                                                          General information concerning the
                                                  States certain network devices, related                                                                        Rules of Practice and Procedure (19 CFR
                                                                                                          Commission may also be obtained by
                                                  software and components thereof that                                                                           210.8(b)).
                                                                                                          accessing its internet server (http://
                                                  infringe one or more of claims 1, 2, 8–                 www.usitc.gov). The public record for                  FOR FURTHER INFORMATION CONTACT: Lisa
                                                  11, and 17–19 of the ’537 patent; claims                this review may be viewed on the                       R. Barton, Secretary to the Commission,
                                                  6, 7, 20, and 21 of the ’592 patent; and                Commission’s electronic docket (EDIS)                  U.S. International Trade Commission,
                                                  claims 5, 7, 45, and 46 of the ’145                     at http://edis.usitc.gov.                              500 E Street SW., Washington, DC
                                                  patent.                                                                                                        20436, telephone (202) 205–2000. The
                                                                                                          SUPPLEMENTARY INFORMATION: Effective
                                                     The Commission has also determined                   January 6, 2016, the Commission                        public version of the complaint can be
                                                  that the public interest factors                        established a schedule for the conduct                 accessed on the Commission’s
                                                  enumerated in section 337(d) and (f) (19                of this review (81 FR 1643, January 13,                Electronic Document Information
                                                  U.S.C. 1337(d) and (f)) do not preclude                 2016). Subsequently, counsel for the                   System (EDIS) at EDIS,1 and will be
                                                  issuance of the limited exclusion order                 domestic interested parties filed a                    available for inspection during official
                                                  or a cease and desist order. Finally, the               request to appear at the hearing and for               business hours (8:45 a.m. to 5:15 p.m.)
                                                  Commission has determined that a bond                   consideration of cancellation of the                   in the Office of the Secretary, U.S.
                                                  during the period of Presidential review                hearing. Counsel indicated a willingness               International Trade Commission, 500 E
                                                  (19 U.S.C. 1337(j)) shall be in the                     to submit written testimony and                        Street SW., Washington, DC 20436,
                                                  amount of zero percent (0%) of the                      responses to any Commission questions                  telephone (202) 205–2000.
                                                  entered value of the imported articles                  in lieu of an actual hearing. No other                    General information concerning the
                                                  that are subject to the limited exclusion               party has entered an appearance in this                Commission may also be obtained by
                                                  order or cease and desist order. The                    review. Consequently, the public                       accessing its Internet server at United
                                                  Commission’s orders and opinion were                    hearing in connection with this review,                States International Trade Commission
                                                  delivered to the President and to the                   scheduled to begin at 9:30 a.m. on                     (USITC) at USITC.2 The public record
                                                  United States Trade Representative on                   Thursday, April 28, 2016, at the U.S.                  for this investigation may be viewed on
                                                  the day of their issuance.                              International Trade Commission                         the Commission’s Electronic Document
                                                                                                          Building, is cancelled. Parties to this                Information System (EDIS) at EDIS.3
                                                     The authority for the Commission’s                                                                          Hearing-impaired persons are advised
                                                                                                          review should respond to any written
mstockstill on DSK3G9T082PROD with NOTICES




                                                  determination is contained in section                                                                          that information on this matter can be
                                                                                                          questions posed by the Commission in
                                                  337 of the Tariff Act of 1930, as
                                                                                                          their posthearing briefs, which are due
                                                  amended (19 U.S.C. 1337), and in Part                                                                            1 Electronic Document Information System
                                                                                                          to be filed on May 5, 2016.
                                                  210 of the Commission’s Rules of                           For further information concerning                  (EDIS): http://edis.usitc.gov.
                                                  Practice and Procedure (19 CFR part                     this review see the Commission’s notice
                                                                                                                                                                   2 United States International Trade Commission

                                                  210).                                                                                                          (USITC): http://edis.usitc.gov.
                                                                                                          cited above and the Commission’s Rules                   3 Electronic Document Information System

                                                     By order of the Commission.                          of Practice and Procedure, part 201,                   (EDIS): http://edis.usitc.gov.



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                                                                               Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices                                             42377

                                                  obtained by contacting the                              potentially subject to the requested                   INTERNATIONAL TRADE
                                                  Commission’s TDD terminal on (202)                      exclusion order and/or a cease and                     COMMISSION
                                                  205–1810.                                               desist order within a commercially
                                                                                                                                                                 [Investigation No. 337–TA–936]
                                                  SUPPLEMENTARY INFORMATION: The                          reasonable time; and
                                                  Commission has received a complaint                        (v) explain how the requested                       Certain Footwear Products;
                                                  and a submission pursuant to section                    remedial orders would impact United                    Commission Decision To Affirm-in-
                                                  210.8(b) of the Commission’s Rules of                   States consumers.                                      Part, Reverse-in-Part, and Vacate
                                                  Practice and Procedure filed on behalf                                                                         Certain Portions of a Final Initial
                                                  of Lehigh Valley Technologies, Inc.;                       Written submissions must be filed no
                                                                                                                                                                 Determination Finding a Violation of
                                                  Endo Global Ventures; Endo Ventures                     later than by close of business, eight
                                                                                                                                                                 Section 337; Issuance of General
                                                  Limited; and Generics Bidco I, LLC (d/                  calendar days after the date of
                                                                                                                                                                 Exclusion Order; Termination of the
                                                  b/a Qualitest Pharmaceuticals and Par                   publication of this notice in the Federal
                                                                                                                                                                 Investigation
                                                  Pharmaceutical) on June 15, 2016 . The                  Register. There will be further
                                                  complaint alleges violations of section                 opportunities for comment on the                       AGENCY: U.S. International Trade
                                                  337 of the Tariff Act of 1930 (19 U.S.C.                public interest after the issuance of any              Commission.
                                                  1337) in the importation into the United                final initial determination in this                    ACTION: Notice.
                                                  States, the sale for importation, and the               investigation.
                                                  sale within the United States after                        Persons filing written submissions                  SUMMARY:   Notice is hereby given that
                                                  importation of certain potassium                                                                               the U.S. International Trade
                                                                                                          must file the original document
                                                  chloride powder products. The                                                                                  Commission has determined to affirm-
                                                                                                          electronically on or before the deadlines
                                                  complaint names as respondents Viva                                                                            in-part, reverse-in-part, and vacate
                                                                                                          stated above and submit 8 true paper
                                                  Pharmaceutical Inc. of Canada; Virtus                                                                          certain portions of a final initial
                                                                                                          copies to the Office of the Secretary by
                                                  Pharmaceuticals, LLC of Tampa, FL; and                                                                         determination (‘‘ID’’) of the presiding
                                                                                                          noon the next day pursuant to section
                                                  Virtus Pharmaceuticals OPCO II, LLC of                                                                         administrative law judge (‘‘ALJ’’)
                                                                                                          210.4(f) of the Commission’s Rules of                  finding a violation of section 337 in the
                                                  Nashville, TN. The complainant                          Practice and Procedure (19 CFR
                                                  requests that the Commission issue a                                                                           above-captioned investigation, and has
                                                                                                          210.4(f)). Submissions should refer to                 issued a general exclusion order
                                                  limited exclusion order, cease and                      the docket number (‘‘Docket No. 3157’’)
                                                  desist orders and impose a bond upon                                                                           directed against infringing footwear
                                                                                                          in a prominent place on the cover page                 products. The Commission has
                                                  respondents’ alleged infringing articles                and/or the first page. (See Handbook for
                                                  during the 60-day Presidential review                                                                          terminated the investigation.
                                                                                                          Electronic Filing Procedures, Electronic
                                                  period pursuant to 19 U.S.C. 1337(j).                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                          Filing Procedures).4 Persons with
                                                     Proposed respondents, other                                                                                 Clint Gerdine, Esq., Office of the
                                                                                                          questions regarding filing should
                                                  interested parties, and members of the                                                                         General Counsel, U.S. International
                                                                                                          contact the Secretary (202–205–2000).                  Trade Commission, 500 E Street SW.,
                                                  public are invited to file comments, not
                                                  to exceed five (5) pages in length,                        Any person desiring to submit a                     Washington, DC 20436, telephone (202)
                                                  inclusive of attachments, on any public                 document to the Commission in                          708–2310. Copies of non-confidential
                                                  interest issues raised by the complaint                 confidence must request confidential                   documents filed in connection with this
                                                  or section 210.8(b) filing. Comments                    treatment. All such requests should be                 investigation are or will be available for
                                                  should address whether issuance of the                  directed to the Secretary to the                       inspection during official business
                                                  relief specifically requested by the                    Commission and must include a full                     hours (8:45 a.m. to 5:15 p.m.) in the
                                                  complainant in this investigation would                 statement of the reasons why the                       Office of the Secretary, U.S.
                                                  affect the public health and welfare in                 Commission should grant such                           International Trade Commission, 500 E
                                                  the United States, competitive                          treatment. See 19 CFR 201.6. Documents                 Street SW., Washington, DC 20436,
                                                  conditions in the United States                         for which confidential treatment by the                telephone (202) 205–2000. General
                                                  economy, the production of like or                      Commission is properly sought will be                  information concerning the Commission
                                                  directly competitive articles in the                    treated accordingly. All nonconfidential               may also be obtained by accessing its
                                                  United States, or United States                         written submissions will be available for              Internet server at http://www.usitc.gov.
                                                  consumers.                                              public inspection at the Office of the                 The public record for this investigation
                                                     In particular, the Commission is                     Secretary and on EDIS.5                                may be viewed on the Commission’s
                                                  interested in comments that:                                                                                   electronic docket (EDIS) at http://
                                                                                                             This action is taken under the
                                                     (i) Explain how the articles                                                                                edis.usitc.gov. Hearing-impaired
                                                                                                          authority of section 337 of the Tariff Act
                                                  potentially subject to the requested                                                                           persons are advised that information on
                                                                                                          of 1930, as amended (19 U.S.C. 1337),
                                                  remedial orders are used in the United                                                                         this matter can be obtained by
                                                                                                          and of sections 201.10 and 210.8(c) of                 contacting the Commission’s TDD
                                                  States;                                                 the Commission’s Rules of Practice and
                                                     (ii) identify any public health, safety,                                                                    terminal on (202) 205–1810.
                                                                                                          Procedure (19 CFR 201.10, 210.8(c)).
                                                  or welfare concerns in the United States                                                                       SUPPLEMENTARY INFORMATION: The
                                                  relating to the requested remedial                        By order of the Commission.                          Commission instituted this investigation
                                                  orders;                                                   Issued: June 16, 2016.                               on November 17, 2014, based on a
                                                     (iii) identify like or directly                      Lisa R. Barton,                                        complaint filed on behalf of Converse
                                                  competitive articles that complainant,                  Secretary to the Commission.                           Inc. of North Andover, Massachusetts.
                                                  its licensees, or third parties make in the                                                                    79 FR 68482–83. The complaint alleges
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          [FR Doc. 2016–15450 Filed 6–28–16; 8:45 am]
                                                  United States which could replace the                                                                          violations of section 337 of the Tariff
                                                                                                          BILLING CODE 7020–02–P
                                                  subject articles if they were to be                                                                            Act of 1930, as amended, 19 U.S.C.
                                                  excluded;                                                                                                      1337, by reason of infringement of
                                                                                                            4 Handbook for Electronic Filing Procedures:
                                                     (iv) indicate whether complainant,                                                                          certain U.S. Trademark Registration
                                                                                                          http://www.usitc.gov/secretary/fed_reg_notices/
                                                  complainant’s licensees, and/or third                   rules/handbook_on_electronic_filing.pdf.               Nos.: 4,398,753 (‘‘the ’753 trademark’’);
                                                  party suppliers have the capacity to                      5 Electronic Document Information System             3,258,103 (‘‘the ’103 trademark’’); and
                                                  replace the volume of articles                          (EDIS): http://edis.usitc.gov.                         1,588,960 (‘‘the ’960 trademark’’). The


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Document Created: 2018-02-08 07:42:58
Document Modified: 2018-02-08 07:42:58
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.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ 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, telephone (202) 205-2000.
FR Citation81 FR 42376 

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