[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Pages 41607-41608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19834]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-440]


In the Matter of Certain 4-Androstenediol; Termination of 
Investigation; Issuance of Limited Exclusion Order

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 terminated the above-captioned investigation and issued 
a limited exclusion order.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3104. Copies of the 
limited exclusion order and 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, 19 CFR part 1337, 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 Changzhou 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, thereby allowing it to become the Commission's final 
determination under 19 CFR 210.42. 66 FR 32374 (June 14, 2001). 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.
    The Commission solicited comments from the parties, interested 
government agencies, and other persons concerning the issues of remedy, 
the public interest, and bonding. 66 FR 95809 (July 9, 2001). 
Complainant and the IA filed proposed remedial orders and addressed

[[Page 41608]]

the issues of remedy, the public interest, and bonding. No comments 
were filed by government agencies or other interested persons.
    Section 337(g)(1) of the Tariff Act of 1930 provides that the 
Commission shall presume the facts alleged in a complaint to be true, 
and upon request issue a limited exclusion order and/or cease and 
desist order if: (1) A complaint is filed against a person under 
section 337, (2) the complaint and a notice of investigation are served 
on the person, (3) the person fails to respond to the complaint and 
notice or otherwise fails to appear to answer the complaint and notice, 
(4) the person fails to show good cause why it should not be found in 
default, and (5) the complainant seeks relief limited to that person. 
Such an order shall be issued unless, after considering the effect of 
such exclusion, the Commission finds that such exclusion should not be 
issued.
    The Commission found that each of the statutory requirements for 
the issuance of a limited exclusion order was met with respect to 
defaulting respondent Changzhou. The Commission further determined that 
the public interest factors enumerated in section 337(g)(1) did not 
preclude the issuance of such relief. Finally, the Commission 
determined that bond under the limited exclusion order during the 
Presidential review period shall be in the amount of twenty-nine (29) 
percent of the entered value of the imported articles.
    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 (c) of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.16.

    Issued: August 2, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-19834 Filed 8-7-01; 8:45 am]
BILLING CODE 7020-02-P