[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21267-21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08062]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1196]
Certain In Vitro Fertilization Products, Components Thereof, and
Products Containing the Same; 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 March 11, 2020, under section
337 of the Tariff Act of 1930, as amended, on behalf of EMD Serono,
Inc. of Rockland, Massachusetts. A supplement and amendment to the
complaint was filed on March 27, 2020. The complaint, as supplemented
and amended, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain in vitro
fertilization products, components thereof, and products containing
same (collectively, ``Gray Market IVF Products'') by reason of
infringement of certain U.S. Trademark Registration No. 4,689,651; U.S.
Trademark Registration No. 1,772,761; U.S. Trademark Registration No.
3,777,170; U.S. Trademark Registration No. 3,389,332; U.S. Trademark
Registration No. 3,816,320; U.S. Trademark Registration No. 1,972,079;
U.S. Trademark Registration No. 3,604,207; and U.S. Trademark
Registration No. 3,185,427 (collectively, ``Registered Marks''); unfair
methods of competition and unfair acts in the importation and sale of
Gray Market IVF Products by reason of false designation of source, and;
unfair methods of competition and unfair acts in the importation and
sale of the Gray Market IVF Products by reason of false advertising.
The complaint, as supplemented and amended, further alleges that an
industry in the United States exists and that alleged violations
threaten to destroy or substantially injure an industry in the United
States, as required by the applicable Federal Statutes. The complainant
requests that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a
limited exclusion order, and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS)
[[Page 21268]]
at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. 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 https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560 or (202) 205-1802.
SUPPLEMENTARY INFORMATION: Authority: The authority for institution of
this investigation is contained in section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the
Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 10, 2020, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) whether there is a violation of subsection (a)(1)(C) 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 identified in paragraph (2) by reason of infringement
of one or more of the Registered Marks and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the unfair methods of competition and unfair acts in the
importation and sale of the Gray Market IVF Products through the false
designation as to source, the threat or effect of which is to destroy
or substantially injure an industry in the United States; and
(c) whether there is a violation of subsection (a)(1)(A) of section
337 in the unfair methods of competition and unfair acts in the
importation and sale of the Gray Market IVF Products through false
advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``prescription in
vitro fertilization drugs, components thereof, and products containing
the same labeled, in whole or in part, Gonal-f, Ovidrel, or
Ovitrelle;''
(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 complainant is:
EMD Serono, Inc., One Technology Place, Rockland, MA 02370
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon which the
complaint is to be served
FastIVF c/o Domains by Proxy LLC, 14455 N Hayden Road, Scottsdale, AZ
85260
Hermes Eczanesi, Eski B[uuml]y[uuml]kdere Cad., Windowist Tower No. 26/
2, Maslak-Sariyer, Istanbul, Turkey
General Plastik Drug Stores, Buyuk Hanli Konut B2, Suadiye, 34740
Istanbul Suadiye, Turkey
(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), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant 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 the respondent.
By order of the Commission.
Issued: April 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08062 Filed 4-15-20; 8:45 am]
BILLING CODE 7020-02-P