Notice2023-21140
Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Intervene
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (the "Commission") has determined not to review an initial determination ("ID") (Order No. 37) granting a motion to intervene in the above-captioned investigation.
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66896-66897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21140]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1352]
Certain Selective Thyroid Hormone Receptor-Beta Agonists,
Processes for Manufacturing or Relating to Same, and Products
Containing Same; Notice of a Commission Determination Not To Review an
Initial Determination Granting a Motion To Intervene
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 37) granting a motion to intervene in
the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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#4c0908051f7f0429203c0c393f25382f622b233a"><span class="__cf_email__" data-cfemail="9cd9d8d5cfafd4f9f0ecdce9eff5e8ffb2fbf3ea">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on February 9, 2023, based on a complaint, as supplemented, filed by
Viking Therapeutics, Inc. of San Diego, California (``Viking''). 88 FR
8455-56 (Feb. 9, 2023). The complaint alleges a violation of section
337 the Tariff Act, as amended, 19 U.S.C. 1337, by way of the
importation, sale for importation, or sale in the United States after
importation of certain selective thyroid hormone receptor-beta
agonists, processes for manufacturing or relating to same, and products
containing same by reason of misappropriation of trade secrets, the
threat or effect of which is to destroy or substantially injure a
domestic industry or prevent the establishment of a domestic industry.
Id. The named respondents include Ascletis Pharma Inc. of Hangzhou,
Zhejiang Province, China; Ascletis Pharmaceuticals Co. of Shaoxing,
Zhejiang Province, China; Ascletis
[[Page 66897]]
Bioscience Co. of Hangzhou, Zhejiang Province, China; Gannex Pharma Co.
of Shanghai, China; and Jinzi Jason Wu of Seattle, Washington (all
collectively, ``the Ascletis Respondents''). Id. The Office of Unfair
Import Investigation is also participating in the investigation. Id.
On June 30, 2023, Viking filed an Omnibus Motion for Monetary and
Non-Monetary Sanctions Against Respondents and their Counsel, alleging
failure to cooperate during discovery, failure to cooperate during
forensic examinations, and violations of the terms of certain orders.
On August 10, 2023, Foster, Murphy, Altman & Nickel, PC (``Foster
Murphy'') moved to intervene in this investigation for the limited
purpose of defending Foster Murphy and its attorneys' interest in
response to complainant Viking's omnibus motion for sanctions. The
motion was unopposed.
On August 28, 2023, the presiding administrative law judge
(``ALJ'') issued the subject ID (Order No. 37) pursuant to Commission
Rule 210.19 (19 CFR 210.19) granting Foster Murphy's motion to
intervene. Order No. 37 (Aug. 28, 2023). The ALJ states that the
sanctions motion seeks joint and several liability between the Ascletis
Respondents and Foster Murphy for discovery abuse. Id. at 4-5. The ALJ
finds that Viking's sanctions motion makes specific allegations that
implicate Foster Murphy and its attorneys. Id. at 5. The ALJ finds
that, in view of these separate interests, the limited purpose of the
intervention, and the lack of opposition, Foster Murphy's motion to
intervene is granted. Id. at 6.
No party filed a petition for review.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on September
22, 2023.
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: September 22, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-21140 Filed 9-27-23; 8:45 am]
BILLING CODE 7020-02-P
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