[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Page 55110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22668]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-766]


In the Matter of Certain Gemcitabine and Products Containing 
Same; Notice of Commission Determination Not To Review an Initial 
Determination Terminating the 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 has determined not to review an initial determination 
(``ID'') (Order No. 15) granting a motion to terminate the above-
captioned investigation in its entirety, pursuant to Commission Rule 
210.21 (19 CFR 210.21).

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-2661. Copies of non-
confidential 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 23, 2011, based on a complaint filed by Eli Lilly and Company 
(``Lilly''). 76 FR 16445. The complaint alleges violations of section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain gemcitabine 
and products containing same by reason of infringement of certain 
claims of U.S. Patent No. 5,606,048. The complaint named Hospira, Inc. 
(``Hospira''); Intas Pharmaceuticals Ltd. (``Intas''); ChemWerth, Inc. 
(``ChemWerth''); and Jiangsu Hansoh Pharmaceutical Co., Ltd. 
(``Hansoh'') as respondents.
    On August 9, 2011, Lilly, Hospira, and Intas filed a joint motion 
to terminate the investigation in its entirety under Commission Rule 
210.21. On August 11, 2011, the Commission investigative attorney filed 
a response supporting the motion. On August 15, 2011, respondents 
ChemWerth and Hansoh filed a response supporting termination, but for 
different reasons than those advanced by Lilly, Hospira, and Intas.
    On August 16, 2011, the ALJ issued the subject ID (Order No. 15) 
granting the motion to terminate the investigation in its entirety. No 
party petitioned for review of the ID.
    The Commission has determined not to review the ID.
    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 section 210.42(h)(3) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)(3)).

    By order of the Commission.

    Issued: August 31, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22668 Filed 9-2-11; 8:45 am]
BILLING CODE 7020-02-P