Notice2022-04080
Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor; Commission Determination Not To Review an Initial Determination Terminating a Final Respondent Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Primary source
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Published
February 28, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 29) terminating the final, non-defaulting respondent, Shanghai Chemtron Biotech Co. Ltd., in the above-captioned investigation based on settlement. The Commission has further determined to find that the complainants' declaration seeking immediate relief against a respondent previously found to be in default is moot. The Commission also requests written submissions from the parties, interested government agencies, and interested persons on remedy, the public interest, and bonding concerning the defaulted respondent.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11096-11098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04080]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1239]
Certain Gabapentin Immunoassay Kits and Test Strips, Components
Thereof, and Methods Therefor; Commission Determination Not To Review
an Initial Determination Terminating a Final Respondent Based on
Settlement; Request for Written Submissions on Remedy, the Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 29) terminating the final, non-defaulting
respondent, Shanghai Chemtron Biotech Co. Ltd., in the above-captioned
investigation based on settlement. The Commission has further
determined to find that the complainants' declaration seeking immediate
relief against a respondent previously found to be in default is moot.
The Commission also requests written submissions from the parties,
interested government agencies, and interested persons on remedy, the
public interest, and bonding concerning the defaulted respondent.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#3772737e64047f525b477742445e435419505841"><span class="__cf_email__" data-cfemail="7732333e24443f121b073702041e031459101801">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 25, 2021, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by ARK Diagnostics, Inc. of Fremont, California
(``ARK''). See 86 FR 6918-19. The complaint, as supplemented, alleges a
violation of section 337 based upon the importation into the United
States, sale for importation, or sale after importation into the United
States of certain gabapentin immunoassay kits and test strips,
components thereof, and methods therefor by reason of infringement of
certain claims of U.S. Patent Nos. 8,828,665 and 10,203,345. Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation names fourteen respondents, including Shanghai
Chemtron Biotech Co., Ltd. of Shanghai, China (``Shanghai Chemtron'')
and Kappa City Biotech, SAS of Montlucon, France (``Kappa City''). See
id. The complaint and notice of investigation were later amended to add
two respondents. Order No. 8 (March 9, 2021), unreviewed by 86 FR
16640-41 (March 30, 2021).
The Commission previously terminated six respondents based on
consent orders. Order Nos. 11 and 12 (Mar. 31, 2021), unreviewed by
Comm'n Notice (Apr. 15, 2021); Order No. 14 (April 9, 2021), unreviewed
by Comm'n Notice (Apr. 22, 2021); Order No. 15 (April 12, 2021),
unreviewed by Comm'n Notice (May 12, 2021). The Commission also
previously terminated three respondents based on settlement agreements.
Order No. 13 (Apr. 5, 2021), unreviewed by Comm'n Notice (Apr. 19,
2021); Order No. 17 (May 5, 2021),
[[Page 11097]]
unreviewed by Comm'n Notice (May 18, 2021); Order No. 18 (May 20,
2021), unreviewed by Comm'n Notice (June 21, 2021). The Commission also
terminated five respondents based on partial withdrawal of the
complaint. Order No. 20 (June 4, 2021), unreviewed by Comm'n Notice
(June 28, 2021); Order No. 21 (June 14, 2021), unreviewed by Comm'n
Notice (July 1, 2021).
On May 18, 2021, the Commission determined not to review an initial
determination (Order No. 16) finding Kappa City in default. Order No.
16 (Apr. 30, 2021), unreviewed by Comm'n Notice (May 18, 2021).
On December 7, 2021, ARK filed a declaration seeking immediate
entry of a limited exclusion order and cease and desist order against
Kappa City.
On January 20, 2022, ARK filed a motion to terminate this
investigation with respect to Shanghai Chemtron based on a settlement.
On January 31, 2022, the presiding administrative law judge issued
the subject ID granting the motion to terminate Shanghai Chemtron based
on settlement. See Order No. 29 (Jan. 31, 2022). The subject ID finds
that the motion complies with Commission Rule 210.21(b)(1) (19 CFR
210.21(b)) and that no extraordinary circumstances prevent denying the
motion. The subject ID further finds that termination of Shanghai
Chemtron based on settlement would not be contrary to the public
interest.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 29). Shanghai Chemtron is terminated from the investigation.
The Commission has further determined that ARK's declaration is now
moot given the termination of the final remaining non-defaulting
respondent in this investigation. The Commission has also determined to
request briefing on the issues of remedy, bonding, and the public
interest.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) a cease and desist order that could
result in the respondent being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No.
2843, Comm'n Op. at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist order would have on: (1) The public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding.
ARK is requested to submit proposed remedial orders for the
Commission's consideration. ARK is further requested to state the dates
that the Asserted Patents expire, to provide the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. The initial written submissions and
proposed remedial orders must be filed no later than close of business
on March 8, 2022. Reply submissions must be filed no later than the
close of business on March 15, 2022. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1239) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons with questions regarding
filing should contact the Secretary, (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). 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 information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on February
22, 2022.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the complainant complete service for any party/
parties without a
[[Page 11098]]
method of electronic service noted on the attached Certificate of
Service and shall file proof of service on the Electronic Document
Information System (EDIS).
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: February 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-04080 Filed 2-25-22; 8:45 am]
BILLING CODE 7020-02-P
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