Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices 24413

Commission may also be obtained by 2021 and may not contain new factual INTERNATIONAL TRADE accessing its internet server (https:// information. Any person that is neither COMMISSION www.usitc.gov). The public record for a party to the five-year review nor an [Investigation No. 337–TA–1207] these reviews may be viewed on the interested party may submit a brief Commission’s electronic docket (EDIS) written statement (which shall not Commission Determination To Review at https://edis.usitc.gov. contain any new factual information) an Initial Determination Granting SUPPLEMENTARY INFORMATION: pertinent to the reviews by May 7, 2021. Summary Determination and on Background.—On January 4, 2021, the However, should the Department of Review To Vacate as Moot; Notice of Commission determined that the Commerce (‘‘Commerce’’) extend the Commission Determination Not To domestic interested party group time limit for its completion of the final Review an Initial Determination response to its notice of institution (85 results of its review, the deadline for Terminating the Investigation in Its FR 61984, October 1, 2020) of the comments (which may not contain new Entirety Based on a Withdrawal of the subject five-year review was adequate factual information) on Commerce’s Complaint; Termination of the and that the respondent interested party final results is three business days after Investigation; Certain Pre-Filled group response was inadequate. The the issuance of Commerce’s results. If Syringes for Intravitreal Injection and Commission did not find any other Components Thereof circumstances that would warrant comments contain business proprietary conducting a full review.1 Accordingly, information (BPI), they must conform AGENCY: U.S. International Trade the Commission determined that it with the requirements of sections 201.6, Commission. would conduct an expedited review 207.3, and 207.7 of the Commission’s ACTION: Notice. pursuant to section 751(c)(3) of the rules. The Commission’s Handbook on Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). Filing Procedures, available on the SUMMARY: Notice is hereby given that For further information concerning Commission’s website at https:// the U.S. International Trade the conduct of this review and rules of www.usitc.gov/documents/handbook_ Commission (‘‘Commission’’) has general application, consult the on_filing_procedures.pdf, elaborates determined to review an initial Commission’s Rules of Practice and upon the Commission’s procedures with determination (‘‘ID’’) (Order No. 31) Procedure, part 201, subparts A and B respect to filings. granting summary determination of infringement and of domestic industry, (19 CFR part 201), and part 207, In accordance with sections 201.16(c) and on review, to vacate that ID as moot, subparts A, D, E, and F (19 CFR part and 207.3 of the rules, each document 207). and not to review a second ID (Order filed by a party to the reviews must be Please note the Secretary’s Office will No. 33) terminating the investigation accept only electronic filings at this served on all other parties to the review based on a withdrawal of the complaint. time. Filings must be made through the (as identified by either the public or BPI The investigation is terminated. service list), and a certificate of service Commission’s Electronic Document FOR FURTHER INFORMATION CONTACT: Information System (EDIS, https:// must be timely filed. The Secretary will Robert Needham, Office of the General edis.usitc.gov). No in-person paper- not accept a document for filing without Counsel, U.S. International Trade based filings or paper copies of any a certificate of service. Commission, 500 E Street SW, electronic filings will be accepted until Determination.—The Commission has Washington, DC 20436, telephone (202) further notice. determined this review is 708–5468. Copies of non-confidential Staff report.—A staff report extraordinarily complicated and documents filed in connection with this containing information concerning the therefore has determined to exercise its investigation may be viewed on the subject matter of the review will be authority to extend the review period by Commission’s electronic docket (EDIS) placed in the nonpublic record on May up to 90 days pursuant to 19 U.S.C. at https://edis.usitc.gov. For help 4, 2021, and made available to persons 1675(c)(5)(B). accessing EDIS, please email on the Administrative Protective Order [email protected]. General service list for this review. A public Authority: This review is being conducted information concerning the Commission version will be issued thereafter, under authority of title VII of the Tariff Act may also be obtained by accessing its pursuant to section 207.62(d)(4) of the of 1930; this notice is published pursuant to internet server at https://www.usitc.gov. section 207.62 of the Commission’s rules. Commission’s rules. Hearing-impaired persons are advised Written submissions.—As provided in By order of the Commission. that information on this matter can be section 207.62(d) of the Commission’s Issued: April 30, 2021. obtained by contacting the rules, interested parties that are parties Katherine Hiner, Commission’s TDD terminal on (202) to the review and that have provided 205–1810. individually adequate responses to the Supervisory Attorney. SUPPLEMENTARY INFORMATION: On July notice of institution,2 [FR Doc. 2021–09529 Filed 5–5–21; 8:45 am] and any party 27, 2020, the Commission instituted this other than an interested party to the BILLING CODE 7020–02–P investigation based on a complaint filed review may file written comments with by Novartis Pharma AG, Novartis the Secretary on what determination the Pharmaceuticals Corporation, and Commission should reach in the review. Novartis Technology LLC (collectively, Comments are due on or before May 7, ‘‘Novartis’’). 85 FR 45227–28. The complaint alleges violations of section 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the 337 of the Tariff Act of 1930, as Commission’s website. amended, 19 U.S.C. 1337, based on the 2 The Commission has found the response to its importation into the United States, sale notice of institution filed on behalf of Chemical for importation, or sale in the United Products Corporation, the sole domestic producer of barium chloride, to be individually adequate. States after importation of certain pre- Comments from other interested parties will not be filled syringes for intravitreal injections accepted (see 19 CFR 207.62(d)(2)). and components thereof that infringe

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one or more of claims 1–6 and 11–26 of The Commission vote for this subject five-year reviews was adequate U.S. Patent No. 9,220,631 (‘‘the ’631 determination took place on May 3, and that the respondent interested party patent’’). Id. The complaint also alleges 2021. group response was inadequate. The the existence of a domestic industry. Id. The authority for the Commission’s Commission did not find any other The notice of investigation names determination is contained in Section circumstances that would warrant Regeneron Pharmaceuticals Inc. of 337 of the Tariff Act of 1930, as conducting full reviews.1 Accordingly, Tarrytown, New York (‘‘Regeneron’’) as amended (19 U.S.C. 1337), and in Part the Commission determined that it the sole respondent and the Office of 210 of the Commission’s Rules of would conduct expedited reviews Unfair Import Investigations (‘‘OUII’’) as Practice and Procedure (19 CFR part pursuant to section 751(c)(3) of the a party. Id. at 45228. 210). Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). On February 18, 2021, Novartis filed By order of the Commission. For further information concerning a motion for summary determination Issued: May 3, 2021. the conduct of these reviews and rules of general application, consult the that Regeneron directly infringes the Lisa Barton, ’631 patent and that Novartis satisfied Commission’s Rules of Practice and Secretary to the Commission. the domestic industry requirement. On Procedure, part 201, subparts A and B March 1, 2021, OUII filed a response in [FR Doc. 2021–09576 Filed 5–5–21; 8:45 am] (19 CFR part 201), and part 207, support of the motion, and Regeneron BILLING CODE 7020–02–P subparts A, D, E, and F (19 CFR part filed a response opposing Novartis’s 207). argument that it satisfied the economic Please note the Secretary’s Office will INTERNATIONAL TRADE accept only electronic filings at this prong of the domestic industry COMMISSION requirement. time. Filings must be made through the On April 2, 2021, the presiding [Investigation Nos. 701–TA–437 and 731– Commission’s Electronic Document administrative law judge (‘‘ALJ’’) issued TA–1060–1061 (Third Review)] Information System (EDIS, https:// the first ID (Order No. 31), granting edis.usitc.gov). No in-person paper- Carbazole Violet Pigment 23 from summary determination of infringement based filings or paper copies of any China and India; Scheduling of and domestic industry. No petitions for electronic filings will be accepted until Expedited Five-Year Reviews review of the ID were received. further notice. On April 8, 2021, Novartis filed an AGENCY: United States International Staff report.—A staff report unopposed motion to terminate the Trade Commission. containing information concerning the subject matter of the reviews will be investigation in its entirety based on its ACTION: Notice. withdrawal of the complaint. The placed in the nonpublic record on May motion indicated that Regeneron and SUMMARY: The Commission hereby gives 4, 2021, and made available to persons OUII did not oppose the motion, and notice of the scheduling of expedited on the Administrative Protective Order Regeneron did not file a response to the reviews pursuant to the Tariff Act of service list for these reviews. A public motion. OUII filed a response in support 1930 (‘‘the Act’’) to determine whether version will be issued thereafter, of the motion. The motion to terminate revocation of the countervailing and pursuant to § 207.62(d)(4) of the the investigation was filed before the antidumping duty orders on carbazole Commission’s rules. deadline to petition for review of Order violet pigment 23 from China and India Written submissions.—As provided in No. 31 had passed. See 19 CFR would be likely to lead to continuation § 207.62(d) of the Commission’s rules, 210.43(a). or recurrence of material injury within interested parties that are parties to the On April 8, 2021, the ALJ issued the a reasonably foreseeable time. reviews and that have provided second ID (Order No. 33), granting the DATES: January 4, 2021. individually adequate responses to the 2 motion and terminating the FOR FURTHER INFORMATION CONTACT: notice of institution, and any party investigation. Order No. 33 was issued Kristina Lara (202–205–3386), Office of other than an interested party to the before the deadline to petition for Investigations, U.S. International Trade reviews may file written comments with review of Order No. 31 had passed. No Commission, 500 E Street SW, the Secretary on what determination the petitions for review of the second ID Washington, DC 20436. Hearing- Commission should reach in the were filed. impaired persons can obtain reviews. Comments are due on or before The Commission has determined to information on this matter by contacting May 7, 2021 and may not contain new review the first ID, Order No. 31, in its the Commission’s TDD terminal on 202– factual information. Any person that is entirety, and on review, to vacate that ID 205–1810. Persons with mobility neither a party to the five-year reviews as moot because the summary impairments who will need special nor an interested party may submit a determination issues became moot in assistance in gaining access to the brief written statement (which shall not light of Novartis’s motion to withdraw Commission should contact the Office contain any new factual information) its complaint and terminate the of the Secretary at 202–205–2000. pertinent to the reviews by May 7, 2021. investigation. Vice Chair Stayin and General information concerning the However, should the Department of Commissioner Johanson do not join the Commission may also be obtained by Commerce (‘‘Commerce’’) extend the Commission’s decision to review and accessing its internet server (https:// time limit for its completion of the final vacate Order No. 31. In the absence of www.usitc.gov). The public record for results of its reviews, the deadline for a request from any party to review or these reviews may be viewed on the comments (which may not contain new vacate the Order, or any other grounds Commission’s electronic docket (EDIS) 1 A record of the Commissioners’ votes is for review set forth in 19 CFR 210.44, at https://edis.usitc.gov. available from the Office of the Secretary and at the they would not review Order No. 31. SUPPLEMENTARY INFORMATION: Commission’s website. The Commission has further Background.—On January 4, 2021, the 2 The Commission has found a response to its determined not to review the second ID, Commission determined that the notice of institution filed on behalf of Sun Chemical Corp., a domestic producer of carbazole violet Order No. 33, terminating the domestic interested party group pigment 23, to be individually adequate. Comments investigation. The investigation is response to its notice of institution (85 from other interested parties will not be accepted hereby terminated in its entirety. FR 61980, October 1, 2020) of the (see 19 CFR 207.62(d)(2)).

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