81 FR 49263 - Certain Potassium Chloride Powder Products; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range		49263-49264
FR Document		2016-17712

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 15, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, Alabama. The complaint alleges violations of section 337 based upon the importation into the United States, or the sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49263-49264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17712]


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

INTERNATIONAL TRADE COMMISSION

[[Investigation No. 337-TA-1013]


Certain Potassium Chloride Powder Products; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 15, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo 
Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and 
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical) of Huntsville, Alabama. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, or the sale of certain potassium chloride powder products by 
reason of false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 21, 2016, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(A) of section 337 in the 
importation into the United States, or the sale of certain potassium 
chloride powder products, the threat or effect of which is to destroy 
or substantially injure an industry in the United States;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Lehigh Valley Technologies, Inc., 514 North 12th Street, Allentown, PA 
18102
Endo Global Ventures, 22 Victoria Street, Hamilton HM 12, Bermuda
Endo Ventures Limited, Minerva House, Simmonscourt Road Ballsbridge, 
Dublin 4, Ireland
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical), 130 Vintage Drive, Huntsville, AL 35811

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Viva Pharmaceutical Inc., 13880 Viking Place, Richmond, British 
Columbia, Canada V6V 1K8
Virtus Pharmaceuticals, LLC, 2649 Causeway Center Drive, Tampa, FL 
33619
Virtus Pharmaceuticals OPCO II, LLC, 1321 Murfreesboro Pike, Nashville, 
TN 37217-2626

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of

[[Page 49264]]

time for submitting responses to the complaint and the notice of 
investigation will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17712 Filed 7-26-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices 49263

these investigations and parties in 15, 2016, under section 337 of the Tariff the threat or effect of which is to destroy
opposition to the imposition of such Act of 1930, as amended, 19 U.S.C. or substantially injure an industry in the
duties will each be collectively 1337, on behalf of Lehigh Valley United States;
allocated one hour within which to Technologies, Inc. of Allentown, (2) Pursuant to Commission Rule
make an oral presentation at the Pennsylvania; Endo Global Ventures of 210.50(b)(1), 19 CFR 210.50(b)(1), the
conference. A nonparty who has Bermuda; Endo Ventures Limited of presiding administrative law judge shall
testimony that may aid the Ireland; and Generics Bidco I, LLC (d/ take evidence or other information and
Commission’s deliberations may request b/a Qualitest Pharmaceuticals and Par hear arguments from the parties and
permission to present a short statement Pharmaceutical) of Huntsville, Alabama. other interested persons with respect to
at the conference. The complaint alleges violations of the public interest in this investigation,
Written submissions.—As provided in section 337 based upon the importation as appropriate, and provide the
sections 201.8 and 207.15 of the into the United States, or the sale of Commission with findings of fact and a
Commission’s rules, any person may certain potassium chloride powder recommended determination on this
submit to the Commission on or before products by reason of false advertising, issue, which shall be limited to the
August 16, 2016, a written brief the threat or effect of which is to destroy statutory public interest factors set forth
containing information and arguments or substantially injure an industry in the in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
pertinent to the subject matter of the United States. (3) For the purpose of the
investigations. Parties may file written The complainants request that the investigation so instituted, the following
testimony in connection with their Commission institute an investigation are hereby named as parties upon which
presentation at the conference. All and, after the investigation, issue a this notice of investigation shall be
written submissions must conform with limited exclusion order and cease and served:
the provisions of section 201.8 of the desist orders. (a) The complainants are:
Commission’s rules; any submissions ADDRESSES: The complaint, except for Lehigh Valley Technologies, Inc., 514
that contain BPI must also conform with any confidential information contained North 12th Street, Allentown, PA
the requirements of sections 201.6, therein, is available for inspection 18102
207.3, and 207.7 of the Commission’s during official business hours (8:45 a.m. Endo Global Ventures, 22 Victoria
rules. The Commission’s Handbook on to 5:15 p.m.) in the Office of the Street, Hamilton HM 12, Bermuda
E-Filing, available on the Commission’s Secretary, U.S. International Trade Endo Ventures Limited, Minerva House,
Web site at http://edis.usitc.gov, Commission, 500 E Street SW., Room Simmonscourt Road Ballsbridge,
elaborates upon the Commission’s rules 112, Washington, DC 20436, telephone Dublin 4, Ireland
with respect to electronic filing. (202) 205–2000. Hearing impaired Generics Bidco I, LLC (d/b/a Qualitest
In accordance with sections 201.16(c) individuals are advised that information Pharmaceuticals and Par
and 207.3 of the rules, each document on this matter can be obtained by Pharmaceutical), 130 Vintage Drive,
filed by a party to the investigations contacting the Commission’s TDD Huntsville, AL 35811
must be served on all other parties to terminal on (202) 205–1810. Persons (b) The respondents are the following
the investigations (as identified by with mobility impairments who will entities alleged to be in violation of
either the public or BPI service list), and need special assistance in gaining access section 337, and are the parties upon
a certificate of service must be timely to the Commission should contact the which the complaint is to be served:
filed. The Secretary will not accept a Office of the Secretary at (202) 205– Viva Pharmaceutical Inc., 13880 Viking
document for filing without a certificate 2000. General information concerning Place, Richmond, British Columbia,
of service. the Commission may also be obtained Canada V6V 1K8
by accessing its internet server at http:// Virtus Pharmaceuticals, LLC, 2649
Authority: These investigations are being
conducted under authority of title VII of the
www.usitc.gov. The public record for Causeway Center Drive, Tampa, FL
Tariff Act of 1930; this notice is published this investigation may be viewed on the 33619
pursuant to section 207.12 of the Commission’s electronic docket (EDIS) Virtus Pharmaceuticals OPCO II, LLC,
Commission’s rules. at http://edis.usitc.gov. 1321 Murfreesboro Pike, Nashville,
Issued: July 21, 2016. FOR FURTHER INFORMATION CONTACT: The TN 37217–2626
By order of the Commission. Office of Unfair Import Investigations, (c) The Office of Unfair Import
U.S. International Trade Commission, Investigations, U.S. International Trade
Lisa R. Barton,
telephone (202) 205–2560. Commission, 500 E Street SW., Suite
Secretary to the Commission.
[FR Doc. 2016–17713 Filed 7–26–16; 8:45 am]
Authority: The authority for institution of 401, Washington, DC 20436; and
this investigation is contained in section 337 (4) For the investigation so instituted,
BILLING CODE 7020–02–P of the Tariff Act of 1930, as amended, and the Chief Administrative Law Judge,
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
U.S. International Trade Commission,
INTERNATIONAL TRADE (2016). shall designate the presiding
COMMISSION Administrative Law Judge.
Scope of Investigation: Having Responses to the complaint and the
[[Investigation No. 337–TA–1013] considered the complaint, the U.S. notice of investigation must be
International Trade Commission, on submitted by the named respondents in
Certain Potassium Chloride Powder
July 21, 2016, ordered that— accordance with section 210.13 of the
Products; Institution of Investigation
(1) Pursuant to subsection (b) of Commission’s Rules of Practice and
sradovich on DSK3GMQ082PROD with NOTICES

AGENCY: U.S. International Trade section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to
Commission. amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such
ACTION: Notice. to determine whether there is a responses will be considered by the
violation of subsection (a)(1)(A) of Commission if received not later than 20
SUMMARY: Notice is hereby given that a section 337 in the importation into the days after the date of service by the
complaint was filed with the U.S. United States, or the sale of certain Commission of the complaint and the
International Trade Commission on June potassium chloride powder products, notice of investigation. Extensions of

VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

49264 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices

time for submitting responses to the documents filed in connection with this On December 16, 2015, the presiding
complaint and the notice of investigation are or will be available for administrative law judge (‘‘ALJ’’) issued
investigation will not be granted unless inspection during official business a final initial determination (‘‘ID’’)
good cause therefor is shown. hours (8:45 a.m. to 5:15 p.m.) in the finding a violation of section 337 with
Failure of a respondent to file a timely Office of the Secretary, U.S. respect to the three remaining asserted
response to each allegation in the International Trade Commission, 500 E patents. The ALJ found that the asserted
complaint and in this notice may be Street SW., Washington, DC 20436, claims of the ’455, ’296, and ’934
deemed to constitute a waiver of the telephone 202–205–2000. General patents are infringed and not invalid or
right to appear and contest the information concerning the Commission unenforceable. The ALJ found that the
allegations of the complaint and this may also be obtained by accessing its technical prong of the domestic industry
notice, and to authorize the Internet server (http://www.usitc.gov). requirement was satisfied for the ’455,
administrative law judge and the The public record for this investigation ’296, and ’934 patents. The ALJ also
Commission, without further notice to may be viewed on the Commission’s issued a Recommended Determination
the respondent, to find the facts to be as electronic docket (EDIS) at http:// on Remedy and Bonding (‘‘RD’’),
alleged in the complaint and this notice edis.usitc.gov. Hearing-impaired recommending that a limited exclusion
and to enter an initial determination persons are advised that information on order and cease and desist orders
and a final determination containing this matter can be obtained by should issue and that a bond of 100
such findings, and may result in the contacting the Commission’s TDD percent should be imposed during the
issuance of an exclusion order or a cease terminal on 202–205–1810. period of Presidential review.
and desist order or both directed against On December 29, 2015, MasterImage
SUPPLEMENTARY INFORMATION: The
the respondent. filed a petition for review challenging
Commission instituted this investigation
various findings in the final ID. On
By order of the Commission. on December 12, 2014, based on a
January 6, 2016, RealD filed a response
Issued: July 21, 2016. complaint filed by RealD, Inc. of Beverly
to MasterImage’s petition. On January
Lisa R. Barton, Hills, California (‘‘RealD’’). 79 FR
15, 2016, and January 19, 2016,
Secretary to the Commission. 73902–03 (Dec. 12, 2014). The
MasterImage and RealD respectively
complaint alleges violations of section
[FR Doc. 2016–17712 Filed 7–26–16; 8:45 am] filed post-RD statements on the public
337 of the Tariff Act of 1930, as
BILLING CODE 7020–02–P interest under Commission Rule
amended, 19 U.S.C. 1337, in the 210.50(a)(4). The Commission did not
importation into the United States, the receive any post-RD public interest
INTERNATIONAL TRADE sale for importation, and the sale within comments from the public in response
COMMISSION the United States after importation of to the Commission notice issued on
certain three-dimensional cinema December 22, 2015. 80 FR 80795 (Dec.
[Investigation No. 337–TA–939] systems, and components thereof, that 28, 2015).
infringe certain claims of U.S. Patent On February 16, 2016, the
Certain Three-Dimensional Cinema Nos. 7,905,602 (‘‘the ’602 patent’’);
Systems and Components Thereof Commission determined to review the
8,220,934 (‘‘the ’934 patent’’); 7,857,455 final ID in part and requested additional
Commission’s Final Determination (‘‘the ’455 patent’’); and 7,959,296 (‘‘the
Finding a Violation of Section 337; briefing from the parties on certain
’296 patent’’). Id. at 73902. The notice issues. 81 FR at 8744–45. Specifically,
Issuance of a Limited Exclusion Order of investigation named as respondents
and Cease and Desist Orders; the Commission determined to review
MasterImage 3D, Inc. of Sherman Oaks, (1) the ID’s construction of the
Termination of the Investigation California, and MasterImage 3D Asia, ‘‘uniformly modulate’’ limitation recited
AGENCY: U.S. International Trade LLC of Seoul, Republic of Korea in claims 1 and 17 of the ’455 patent;
Commission. (collectively, ‘‘MasterImage’’). Id. at (2) the ID’s infringement findings with
ACTION: Notice. 73903. The Office of Unfair Import respect to the asserted claims of the ’455
Investigations was not named as a party patent; (3) the ID’s findings on validity
SUMMARY: Notice is hereby given that to the investigation. Id. of the asserted claims of the ’455 patent;
the U.S. International Trade On July 23, 2015, the Commission (4) the ID’s finding of proper
Commission has found a violation of terminated the investigation as to inventorship of the ’296 patent; (5) the
section 337 of the Tariff Act of 1930, as various of the asserted claims and the ID’s findings on validity of the asserted
amended, 19 U.S.C. 1337, in this ’602 patent in its entirety. Notice (July claims of the ’934 patent; and (6) the
investigation. The Commission has 23, 2015) (determining not to review ID’s finding regarding the technical
issued a limited exclusion order Order No. 6 (July 2, 2015)); Notice (Aug. prong of the domestic industry
prohibiting the importation of certain 20, 2015) (determining not to review requirement with respect to the ’455
three-dimensional cinema systems, and Order No. 7 (Aug. 3, 2015)). patent. Id. at 8745. The Commission
components thereof, that infringe On September 25, 2015, the also solicited briefing from the parties
certain claims of the patents at issue. Commission determined on summary and the public on the issues of remedy,
The Commission has also issued cease determination that RealD satisfied the the public interest, and bonding. Id.
and desist orders directed to the two economic prong of the domestic On March 1, 2016, the parties filed
respondents. The remedial orders are industry requirement through its initial written submissions addressing
suspended as to certain patent claims significant investment in plant, the Commission’s questions and the
pending final resolution of a validity significant investment in labor, and issues of remedy, the public interest,
sradovich on DSK3GMQ082PROD with NOTICES

issue. The investigation is terminated. substantial investment in engineering, and bonding. On March 11, 2016, the
FOR FURTHER INFORMATION CONTACT: research, and development. Notice parties filed response briefs. No
Lucy Grace D. Noyola, Office of the (Sept. 25, 2015) (determining to review comments were received from the
General Counsel, U.S. International in part Order No. 9 (Aug. 20, 2015)). The public. On April 18, 2016, the
Trade Commission, 500 E Street SW., Commission, however, reversed the Commission requested additional
Washington, DC 20436, telephone 202– summary determination with respect to briefing on the effect of a Final Written
205–3438. Copies of non-confidential RealD’s investment in equipment. Id. Decision issued by the Patent Trial and

VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Document Created: 2018-02-08 08:02:41
Document Modified: 2018-02-08 08:02:41

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		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		81 FR 49263