[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Page 10522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04773]



[[Page 10522]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1066]


Certain Recombinant Factor IX Products Commission Determination 
Not To Review an Initial Determination Granting an Unopposed Motion for 
Termination of the Investigation Based on Withdrawal of the Complaint; 
Termination of 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 (Order 
No. 19) granting an unopposed motion for termination of the 
investigation based on withdrawal of the complaint.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on August 14, 2017, based on a complaint filed on behalf of Bioverativ 
Inc. of Waltham, Massachusetts; Bioverativ Therapeutics Inc. of 
Waltham, Massachusetts; and Bioverativ U.S. LLC of Waltham, 
Massachusetts (collectively, ``Complainants''). 82 FR 37898 (Aug. 14, 
2017). The complaint alleges section 337 of the Tariff Act of 1930, as 
amended, based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain recombinant Factor IX products by reason of 
infringement of U.S. Patent Nos. 9,670,475; 9,623,091; and 9,629,903. 
Id. The notice of investigation named as respondents CSL Behring LLC of 
Prussia, Pennsylvania; CSL Behring GmbH, Emil-von-Behring-Strasse of 
Marburg, Germany; and CSL Behring Recombinant Facility AG, 
Wankdorfstrasse of Bern, Switzerland (collectively, ``Respondents''). 
Id. The Office of Unfair Import Investigations (``OUII'') also was 
named as a party in the investigation. On February 6, 2018, 
Complainants filed a motion to terminate the investigation based on 
withdrawal of the complaint. On February 8, 2018, Respondents filed a 
response, taking no position on the motion. On February 12, 2018, OUII 
filed a response supporting the motion. On February 15, 2018, the 
presiding administrative law judge (``ALJ'') issued an initial 
determination (``ID'') (Order No. 19), granting the motion. The ALJ 
found that the motion complied with section 210.21(a)(1) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.21(a)(1)), 
that there was no evidence of extraordinary circumstances preventing 
termination of the investigation, and that termination is in the public 
interest. No petitions for review of the ID were filed.
    The Commission has determined not to review the subject 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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: March 6, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-04773 Filed 3-8-18; 8:45 am]
 BILLING CODE 7020-02-P