[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51549-51550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13370]


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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 a Motion To Amend the 
Complaint and Notice of Investigation

AGENCY: 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. 16) of the presiding administrative 
law judge (``ALJ'') granting a motion to amend the complaint and notice 
of investigation to name an additional respondent.

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.
    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 May 21, 2024, the complaint and notice of investigation were 
amended to add two respondents: Fibonacci Sequence LLC d/b/a GenX 
Peptides of Houston, Texas; and Paradigm Peptides of Michigan City, 
Indiana. Order No. 12 (Apr. 22, 2024), unreviewed by Comm'n Notice (May 
21, 2024), 89 FR 46159-60 (May 28, 2024).
    On May 8, 2024, Eli Lilly filed a motion to amend the complaint and 
notice of investigation to name an additional respondent, Total 
Compounding Pharmaceuticals of Australia. On that same date, Eli Lilly 
filed a motion for leave to serve Total Compounding Pharmaceuticals by 
alternative service via email, which was granted pursuant to Order No. 
14 (May

[[Page 51550]]

13, 2024). On May 15, 2024, OUII filed a response to the motion to 
amend, which did not oppose the amendment.
    On May 17, 2024, the ALJ issued the subject ID granting the motion 
to amend the complaint and notice of investigation to name Total 
Compounding Pharmaceuticals as a respondent. 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. See ID at 3-6.
    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 
respondent Total Compounding Pharmaceuticals.
    The Commission vote for this determination took place on June 13, 
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: June 13, 2024.
Lisa Barton,
Secretary to the Commission.

[FR Doc. 2024-13370 Filed 6-17-24; 8:45 am]
BILLING CODE 7020-02-P