[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Page 29717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14670]



[[Page 29717]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-679]


 In the Matter of Certain Products Advertised as Containing 
Creatine Ethyl Ester; 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 May 20, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
UNeMed Corporation of Omaha, Nebraska. Supplements to the Complaint 
were filed on June 5, 2009, June 8, 2009 and June 10, 2009. The 
complaint, as supplemented, alleges violations of section 337(a)(1)(A) 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain products advertised as containing creatine ethyl ester by 
reason of false advertising in violation of Section 43(a) of the Lanham 
Act, 15 U.S.C. 1125(a)(1)(B) and the Nebraska Uniform Deceptive Trade 
Practices Act, R.R.S. Neb. Sec.  87-302 (2008), the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and 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: Jeffrey T. Hsu, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2579.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 15, 2009, 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)(A) 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 products 
advertised as containing creatine ethyl ester by reason of false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (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--UNeMed Corporation, 986099 Nebraska Medical 
Center, Omaha, NE 68198-6099.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Bodyonics, Ltd., 140 Lauman Lane, Hicksville, NY 11801.
Engineered Sports Technology, Inc., 4250 Alafaya Trail, Oviedo, FL 
32765.
Proviant Technologies, Inc., 309 West Hensley Road, Champaign, IL 
61822-8401.
NRG-X Labs, 10636 West Highway 72 1001, Bentonville, AR 72712.
San Corporation, 716 North Ventura Road 431, Oxnard, CA 93030.

    (c) The Commission investigative attorney, party to this 
investigation, is Jeffrey T. Hsu, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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 not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against a respondent.

    By order of the Commission.

    Issued: June 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14670 Filed 6-22-09; 8:45 am]
BILLING CODE 7020-02-P