[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46159-46160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11534]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1377]


Certain Products Containing Tirzepatide and Products Purporting 
To Contain Tirzepatide; Notice of a Commission Determination Not To 
Review an Initial Determination Granting-in-Part Motion To Amend the 
Complaint and Notice of 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 12) of the presiding administrative 
law judge (``ALJ'') granting-in-part a motion to amend the complaint 
and notice of investigation to name two additional respondents.

FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3316. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 27, 2023, based upon a complaint filed on behalf of Eli 
Lilly and Company (``Eli Lilly'') of Indianapolis, Indiana. 88 FR 
82914-15 (Nov. 27, 2023). The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States and the sale of certain products containing tirzepatide or 
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, and 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 or purporting to 
contain tirzepatide by reason of infringement of U.S. Trademark No. 
6,809,369. Id. The complaint also alleges that a domestic industry 
exists pursuant to subsection (a)(2) of section 337. Id.
    The Commission's notice of investigation named as respondents 
Arctic Peptides LLC of Akeny, Iowa; Audrey Beauty Co. of Hong Kong, 
China; Biolabshop Limited of Lancaster, United Kingdom; Mew Mews 
Company Limited of Hong Kong, China; Strate Labs LLC of Spring, Texas; 
Steroide Kaufen of Bialystok, Poland; Super Human Store of Barcelona, 
Spain; Supopeptide of Cedar Grove, New Jersey; Triggered Supplements 
LLC of Clearwater, Florida; Unewlife of Cedar Grove, New Jersey; and 
Xiamen Austronext Trading Co., Ltd. of Fujian, China. Id. at 82915. The 
Office of Unfair Import Investigations (``OUII'') is also named as a 
party in this investigation. Id.

[[Page 46160]]

    Respondents Unewlife, Supopeptide, and Steroide Kaufen were 
terminated pursuant to withdrawal of the complaint. See Order No. 8 
(Mar. 7, 2024), unreviewed by Comm'n Notice (Mar. 21, 2024). 
Respondents Arctic Peptides LLC; Audrey Beauty Co., Ltd.; Biolabshop 
Limited; Mew Mews Co. Ltd.; Strate Labs LLC; Super Human Store; 
Triggered Supplements LLC (d/b/a The Triggered Brand); and Xiamen 
Austronext Trading Co., Ltd. (d/b/a AustroPeptide) have been found in 
default. See Order No. 13 (Apr. 22, 2024), unreviewed by Comm'n Notice 
(May 15, 2024).
    On March 15, 2024, Eli Lilly filed a motion to amend the complaint 
and notice of investigation to name four additional respondents. On 
March 29, 2024, OUII filed a response to the motion identifying certain 
deficiencies in the proposed amendment. On April 2, 2024, Eli Lilly 
filed a motion for leave to submit a reply in support its motion, which 
was granted pursuant to Order No. 11 (Apr. 3, 2024). On April 9, 2024, 
OUII filed a sur-reply, which did not oppose the proposed amendment 
with respect to three respondents.
    On April 22, 2024, the ALJ issued the subject ID granting-in-part 
the motion to amend and addressing other related issues. The ALJ found 
that Eli Lilly had complied with the requirements of Commission Rule 
210.14(b) (19 CFR 210.14(b)) for amendment of the complaint and notice 
of investigation to add two respondents: Fibonacci Sequence LLC d/b/a 
GenX Peptides (``GenX Peptides'') of Houston, Texas; and Paradigm 
Peptides of Michigan City, Indiana. See ID at 7-11. In the same order, 
the ALJ denied-in-part the motion to amend with respect to two other 
proposed respondents and addressed related procedural issues, but these 
are not part of the initial determination that is before the Commission 
to review. See id. at 11-13.
    No petitions for review of the subject ID were filed.
    The Commission has determined not to review the subject ID. The 
complaint and notice of investigation are hereby amended to add 
respondents GenX Peptides and Paradigm Peptides.
    The Commission vote for this determination took place on May 21, 
2024.
    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: May 21, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11534 Filed 5-24-24; 8:45 am]
BILLING CODE 7020-02-P