[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Notices]
[Pages 10749-10750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5332]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-489]


Certain Sildenafil or Any Pharmaceutically Acceptable Salt 
Thereof, Such as Sildenafil Citrate, and Products Containing Same; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 29, 2003 under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Pfizer, Inc. of New York, New York. A supplement to the complaint was 
filed on February 27, 2003. The complaint, as supplemented, alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain sildenafil or any pharmaceutically acceptable 
salt thereof, such as sildenafil citrate, and products containing same 
by reason of infringement of claims 1-5 of U.S. Patent No. 5,250,534. 
The complaint further alleges that there exists an industry in the 
United States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair

[[Page 10750]]

Import Investigations, U.S. International Trade Commission, telephone 
202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2002).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 27, 2003, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain sildenafil 
or any pharmaceutically acceptable salt thereof, such as sildenafil 
citrate, or products containing same by reason of infringement of claim 
1, 2, 3, 4, or 5 of U.S. Patent No. 5,250,534, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Pfizer, Inc., 235 East 42nd Street, New 
York, New York 10017.
    (b) The respondents are the following companies upon which the 
complaint is to be served:

Planet Pharmacy, 13.5 Miles Northern Highway, Burrell Boom Cutoff, 
Ladyville, Belize
LTMC, Ltd., Tumkin 9, Tel Aviv, Israel 99999
Investment and Future Development Corp. SA, Calle Las Acacias, Regina, 
Diriamba, Nicaragua
Aleppo Pharmaceutical Industries, Baron Street, P.O. Box 517, Aleppo, 
Syria
Biovea, 56 Gloucester Road, Suite 524, Kensington, London SW7 4UB, 
England
1 Aabaaca Viagra LLC, 350 South Center, Reno, NV 99502
Ezee Soulnature Healthcare Pvt. Ltd., J-195 Saket, New Delhi 110017, 
India
Zhejiang Medicines & Health Products Import & Export Co. Ltd., ZMC 
Building, 101-2 N. Zhongsan Road, Hangzhou, 310003, China
Jiangxi Jilin Chemical Corp. Ltd., Jingxi Dingfen Street 346 fl., 
Nanchang, Fujian 2564892, China
Tianjin Shuaike Chemical Co. Ltd., PO Box 4618, Yangliuqing, Xiqing 
District, Tianjin 300380, China
Lianyungang Foreign Trade Corp., Foreign Trade Bldg., No. 9 East Hailan 
Rd., Xinpu, Lianyungang, Jiangsu, China
Sino Health Care Company of Sichuan, 2-5 10th Building, 
Qingyang Dong 1 lu., Chengdu, Sichuan 610072, China
China Jingsu International, 37 Hua Qiao Road, Nanjing 210029, China
Yiho Export & Import Co. Ltd., Nanjing Office, Rm. 302, No. 43-1 
Qingliang Xincum, Nanjing, 210029, China
EBC Corporation, 701 Renner Road, Wilmington, DE 19810

    (c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Room 401-E, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.


    Issued: March 3, 2003.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-5332 Filed 3-5-03; 8:45 am]
BILLING CODE 7020-02-P