Notice2024-11534
Certain Products Containing Tirzepatide and Products Purporting To Contain Tirzepatide; Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Motion To Amend the Complaint and Notice of Investigation
Primary source
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Published
May 28, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 12) of the presiding administrative law judge ("ALJ") granting-in-part a motion to amend the complaint and notice of investigation to name two additional respondents.
Full Text
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<title>Federal Register, Volume 89 Issue 103 (Tuesday, May 28, 2024)</title>
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[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46159-46160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11534]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1377]
Certain Products Containing Tirzepatide and Products Purporting
To Contain Tirzepatide; Notice of a Commission Determination Not To
Review an Initial Determination Granting-in-Part Motion To Amend the
Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 12) of the presiding administrative
law judge (``ALJ'') granting-in-part a motion to amend the complaint
and notice of investigation to name two additional respondents.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#afeaebe6fc9ce7cac3dfefdadcc6dbcc81c8c0d9"><span class="__cf_email__" data-cfemail="d297969b81e19ab7bea292a7a1bba6b1fcb5bda4">[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 November 27, 2023, based upon a complaint filed on behalf of Eli
Lilly and Company (``Eli Lilly'') of Indianapolis, Indiana. 88 FR
82914-15 (Nov. 27, 2023). The complaint, as supplemented, alleges
violations of section 337 based upon the importation into the United
States and the sale of certain products containing tirzepatide or
purporting to contain tirzepatide by reason of false designation of
source and false and misleading advertising, the threat or effect of
which is to destroy or substantially injure an industry in the United
States, and based upon the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain products containing tirzepatide or purporting to
contain tirzepatide by reason of infringement of U.S. Trademark No.
6,809,369. Id. The complaint also alleges that a domestic industry
exists pursuant to subsection (a)(2) of section 337. Id.
The Commission's notice of investigation named as respondents
Arctic Peptides LLC of Akeny, Iowa; Audrey Beauty Co. of Hong Kong,
China; Biolabshop Limited of Lancaster, United Kingdom; Mew Mews
Company Limited of Hong Kong, China; Strate Labs LLC of Spring, Texas;
Steroide Kaufen of Bialystok, Poland; Super Human Store of Barcelona,
Spain; Supopeptide of Cedar Grove, New Jersey; Triggered Supplements
LLC of Clearwater, Florida; Unewlife of Cedar Grove, New Jersey; and
Xiamen Austronext Trading Co., Ltd. of Fujian, China. Id. at 82915. The
Office of Unfair Import Investigations (``OUII'') is also named as a
party in this investigation. Id.
[[Page 46160]]
Respondents Unewlife, Supopeptide, and Steroide Kaufen were
terminated pursuant to withdrawal of the complaint. See Order No. 8
(Mar. 7, 2024), unreviewed by Comm'n Notice (Mar. 21, 2024).
Respondents Arctic Peptides LLC; Audrey Beauty Co., Ltd.; Biolabshop
Limited; Mew Mews Co. Ltd.; Strate Labs LLC; Super Human Store;
Triggered Supplements LLC (d/b/a The Triggered Brand); and Xiamen
Austronext Trading Co., Ltd. (d/b/a AustroPeptide) have been found in
default. See Order No. 13 (Apr. 22, 2024), unreviewed by Comm'n Notice
(May 15, 2024).
On March 15, 2024, Eli Lilly filed a motion to amend the complaint
and notice of investigation to name four additional respondents. On
March 29, 2024, OUII filed a response to the motion identifying certain
deficiencies in the proposed amendment. On April 2, 2024, Eli Lilly
filed a motion for leave to submit a reply in support its motion, which
was granted pursuant to Order No. 11 (Apr. 3, 2024). On April 9, 2024,
OUII filed a sur-reply, which did not oppose the proposed amendment
with respect to three respondents.
On April 22, 2024, the ALJ issued the subject ID granting-in-part
the motion to amend and addressing other related issues. The ALJ found
that Eli Lilly had complied with the requirements of Commission Rule
210.14(b) (19 CFR 210.14(b)) for amendment of the complaint and notice
of investigation to add two respondents: Fibonacci Sequence LLC d/b/a
GenX Peptides (``GenX Peptides'') of Houston, Texas; and Paradigm
Peptides of Michigan City, Indiana. See ID at 7-11. In the same order,
the ALJ denied-in-part the motion to amend with respect to two other
proposed respondents and addressed related procedural issues, but these
are not part of the initial determination that is before the Commission
to review. See id. at 11-13.
No petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
complaint and notice of investigation are hereby amended to add
respondents GenX Peptides and Paradigm Peptides.
The Commission vote for this determination took place on May 21,
2024.
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: May 21, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11534 Filed 5-24-24; 8:45 am]
BILLING CODE 7020-02-P
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