[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82914-82915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26058]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1377]


Certain Products Containing Tirzepatide and Products Purporting 
To Contain Tirzepatide; Notice of 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 October 19, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Eli Lilly and 
Company of Indianapolis, Indiana. A supplement was filed on November 
10, 2023. The complaint, as supplemented, 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 products containing tirzepatide and products purporting to 
contain tirzepatide by reason of the infringement of U.S. Trademark 
Registration No. 6,809,369 (``the '369 mark''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complaint also alleges violations of 
section 337 based upon the importation into the United States, or in 
the sale of certain products containing tirzepatide and products 
purporting to contain tirzepatide by reason of false designation of 
source and false and misleading advertising, 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 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) 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.

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 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 20, 2023, 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 
identified in paragraph (3) by reason of

[[Page 82915]]

false designation of source and false and misleading advertising, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (2) 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)(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 (3) by reason of infringement of the '369 mark, 
and whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (3) 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 ``products containing 
tirzepatide or purporting to contain tirzepatide sold in powdered or 
constituted form'';
    (4) 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:

Eli Lilly and Company, Lilly Corporate Center, Indianapolis, IN 46285

    (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:

Arctic Peptides LLC, 2104 NE Oak Dr, Ankeny, IA 50021

Audrey Beauty Co., Flat C 23/F Lucky Plaza, 315-321 Lockhart Road, Wan 
Chai, Hong Kong, China

Biolabshop Limited, 25 Scotforth Road, Lancaster, PR1 4XX, United 
Kingdom

Mew Mews Company Limited, RM C1 11/F Blk 1 152 Tai Lin Pai Road, Golden 
Dragon IND Ctr., Kwai Chung, New Territories, Hong Kong, China

Strate Labs LLC, 18482 Kuykendahl Road #123, Spring, TX 77379-8123

Steroide Kaufen, W. Polna 2017, 15-698 Bialystok, Poland

Super Human Store, Passeig Del Taulat 267, 5O 4A, Barcelona 08019, 
Spain

Supopeptide, 371 Little Falls Road Ste 4, Cedar Grove, NJ 07009

Triggered Supplements LLC, (d/b/a The Triggered Brand), 1361 S Martin 
Luther King Jr Ave., Clearwater, FL 33756

Unewlife, 371 Little Falls Road Ste 4, Cedar Grove, NJ 07009

Xiamen Austronext Trading Co., Ltd. (d/b/a AustroPeptide), Room 3001, 
No. 5998, Maqing Rd., Haicang District, Xiamen, Fujian, China 361026

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW, Suite 401, Washington, DC 20436; 
and
    (5) 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: November 21, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-26058 Filed 11-24-23; 8:45 am]
BILLING CODE 7020-02-P