[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49263-49264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17712]


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INTERNATIONAL TRADE COMMISSION

[[Investigation No. 337-TA-1013]


Certain Potassium Chloride Powder Products; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 15, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo 
Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and 
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical) of Huntsville, Alabama. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, or the sale of certain potassium chloride powder products by 
reason of false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 21, 2016, 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, or the sale of certain potassium 
chloride powder products, the threat or effect of which is to destroy 
or substantially injure an industry in the United States;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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 complainants are:

Lehigh Valley Technologies, Inc., 514 North 12th Street, Allentown, PA 
18102
Endo Global Ventures, 22 Victoria Street, Hamilton HM 12, Bermuda
Endo Ventures Limited, Minerva House, Simmonscourt Road Ballsbridge, 
Dublin 4, Ireland
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par 
Pharmaceutical), 130 Vintage Drive, Huntsville, AL 35811

    (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:

Viva Pharmaceutical Inc., 13880 Viking Place, Richmond, British 
Columbia, Canada V6V 1K8
Virtus Pharmaceuticals, LLC, 2649 Causeway Center Drive, Tampa, FL 
33619
Virtus Pharmaceuticals OPCO II, LLC, 1321 Murfreesboro Pike, Nashville, 
TN 37217-2626

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the 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(e) 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

[[Page 49264]]

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 the respondent.

    By order of the Commission.

    Issued: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17712 Filed 7-26-16; 8:45 am]
 BILLING CODE 7020-02-P