[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11813-11814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4732]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled In Re Certain Vaginal Ring 
Birth Control Devices, DN 2789; the Commission is soliciting comments 
on any public interest issues raised by the complaint.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, Acting Secretary to 
the Commission, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov, and will be available for inspection 
during official business hours (8:45 a.m. to 5:15 p.m.) in the Office 
of the Secretary, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-2000.
    General information concerning the Commission may also be obtained 
by accessing its Internet server (http://www.usitc.gov). The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint 
filed on behalf of Femina Pharma Incorporated on February 25, 2011. The 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain Vaginal Ring Birth Control Devices. The 
complaint

[[Page 11814]]

names as respondents Merck & Co., Inc. of Whitehouse, NJ; Schering 
Plough Corporation of Kenilworth, NJ; Organon USA, Inc. of Roseland, 
NJ; N.V. Organon of Oss, Netherlands; CVS Caremark Corporation of 
Woonsocket, RI; CVS Pharmacy, Inc. of Woonsocket, RI; Wal-Mart Stores, 
Inc. of Betonville, AZ; Walgreens Co. of Deerfield, IL; The Canamerican 
Drugs Inc. of Winnipeg, Canada; The Canamerican Global Inc. of 
Winnipeg, Canada; Canadian Med Service of Winnipeg, Canada; Panther 
Meds Inc. of Winnipeg, Canada; Canada Drugs Online of British Columbia, 
Canada; Drug World Canada of British Columbia, Canada; CanDrug Health 
Solutions Inc. of British Columbia, Canada; Big Mountain Drugs of 
British Columbia, Canada; BestBuyRx.com of British Columbia, Canada; 
Blue Sky Drugs of British Columbia, Canada; ABC Online Pharmacy of 
Burnaby, Canada; Canadadrugs.com LP of Winnipeg, Canada; North Drug 
Store of Winnipeg, Canada; and Canada Pharmacy of Blaine, WA.
    The complainant, proposed respondents, other interested parties, 
and members of the public are invited to file comments, not to exceed 
five pages in length, on any public interest issues raised by the 
complaint. Comments should address whether issuance of an exclusion 
order and/or a cease and desist order in this investigation would 
negatively affect the public health and welfare in the United States, 
competitive conditions in the United States economy, the production of 
like or directly competitive articles in the United States, or United 
States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the orders are 
used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the potential orders;
    (iii) Indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the orders; and
    (iv) Indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to an exclusion order and a cease and 
desist order within a commercially reasonable time.
    Written submissions must be filed no later than by close of 
business, five business days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Submissions should refer to the docket 
number (``Docket No. 2789'') in a prominent place on the cover page 
and/or the first page. The Commission's rules authorize filing 
submissions with the Secretary by facsimile or electronic means only to 
the extent permitted by section 201.8 of the rules (see Handbook for 
Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf ). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.50(a)(4) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.50(a)(4)).

    By order of the Commission.

    Issued: February 25, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-4732 Filed 3-2-11; 8:45 am]
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