[Federal Register Volume 66, Number 131 (Monday, July 9, 2001)]
[Notices]
[Pages 35809-35810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16991]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-440]


In the Matter of Certain 4-Androstenediol; Request for Written 
Submissions on 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 is requesting briefing on the public interest and the 
appropriate bond during the period of Presidential review, if a limited 
exclusion order is issued in the above-captioned investigation. The 
Commission previously found the only named respondent in the 
investigation to be in default.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3104. Copies of all 
nonconfidential documents filed in connection with this investigation 
are or 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. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol.public. Hearing-impaired persons are advised that 
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of unfair acts in violation 
of section 337 of the Tariff Act of 1930 in the importation and sale of 
certain 4-androstenediol (a nutritional supplement used by body-
builders) on December 19, 2000. 65 FR 79424. On April 19, 2001, 
complainant LPJ, Inc. of Seymour, Illinois (LPJ) moved pursuant to 19 
U.S.C. 1337(a)(1) and 19 CFR 210.16 for an order directing the only 
respondent, Changzhou Huabang Pharmaceutical Group, Ltd. (Changzhou), 
to show cause why it should not be found in default for failure to 
respond to LPJ's complaint. The Commission investigative attorney (IA) 
supported LPJ's motion. The presiding administrative law judge (ALJ) 
(Judge Luckern) issued Order No. 8 on April 30, 2001, directing 
Changzhou to show cause why it should not be found in default. 
Changzhou did not respond to that order.
    On May 24, 2001, the ALJ issued an ID finding Changzhou in default 
pursuant to 19 CFR 210.16, and ruling that it had waived its rights to 
appear, to be served with documents, and to contest the allegations at 
issue in the investigation. No petitions for review of the ID were 
filed. The Commission decided not to review the ID on June 8, 2001, 66 
FR 32374 (June 14, 2001), thereby allowing it to become the 
Commission's final determination under 19 CFR 210.42. On June 25, 2001, 
pursuant to 19 U.S.C. 1337(g)(1) and 19 CFR 210.16(c)(1), complainant 
LPJ filed a declaration seeking limited relief against the defaulting 
respondent. In its declaration, LPJ requested that the Commission issue 
a limited exclusion order against Changzhou.
    Section 337(g)(1), 19 U.S.C. (g)(1), authorizes the Commission to 
order limited relief against a respondent found in default unless, 
after consideration of public interest factors, it finds that such 
relief should not issue. In this investigation, Changzhou has been 
found in default and LPJ has requested issuance of a limited exclusion 
order that would deny entry to certain 4-androstenediol manufactured by 
Changzhou. If the Commission decides to issue a limited exclusion order 
against Changzhou, it must consider what the amount of the

[[Page 35810]]

bond should be during the Presidential review period.
    In connection with the final disposition of this investigation, the 
only potential remedy is an order that could result in the exclusion of 
4-androstenediol manufactured by Changzhou from entry into the United 
States. Accordingly, the Commission is interested in receiving written 
submissions that address whether such an order should be issued. If a 
party seeks exclusion of an article from entry into the United States 
for purposes other than entry for consumption, it 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 In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates a remedy, it must consider the 
effects of that remedy upon the public interest. The factors the 
Commission will consider in this investigation include the effect that 
a limited exclusion 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 issues a limited exclusion order, the President 
has 60 days to approve or disapprove the Commission's action. During 
this period, the subject articles would be entitled to enter the United 
States under a 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.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Complainant and the Commission investigative attorney are also 
requested to submit proposed limited exclusion orders for the 
Commission's consideration. The written submissions and proposed 
limited exclusion orders must be filed no later than close of business 
on July 16, 2001. Reply submissions, if any, must be filed no later 
than the close of business on July 23, 2001. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.16 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.16.

    By order of the Commission.

    Issued: July 2, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-16991 Filed 7-6-01; 8:45 am]
BILLING CODE 7020-01-P