6918 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

exclusion order, a cease and desist order 

and impose a bond upon respondents’ 

alleged infringing articles during the 60- 

day Presidential review period pursuant 

to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments on 

any public interest issues raised by the 

complaint or § 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainant in this 

investigation would 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 requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar 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. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. Any submissions and replies 

filed in response to this Notice are 

limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3525’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

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 information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

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 §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: January 19, 2021. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2021–01504 Filed 1–22–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–1239] 

Certain Gabapentin Immunoassay Kits 

and Test Strips, Components Thereof, 

and Methods Therefor; Institution of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

December 2, 2020, under section 337 of 

the Tariff Act of 1930, as amended, on 

behalf of ARK Diagnostics, Inc. of 

Fremont, California. A supplement to 

the complaint was filed on December 2, 

2020 and an amended complaint was 

filed on December 23, 2020. The 

complaint, as amended, 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 gabapentin immunoassay kits 

and test strips, components thereof, and 

methods therefor by reason of 

infringement of certain claims of U.S. 

Patent No. 8,828,665 (‘‘the ’665 patent’’) 

and U.S. Patent No. 10,203,345 (‘‘the 

’345 patent’’). The complaint further 

alleges that an industry in the United 

States exists as required by the 

applicable Federal Statute. The 

complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue 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 

EDIS3Help@usitc.gov. 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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices 6919 

by accessing its internet server at 

https://www.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Hiner, Office of Docket 

Services, U.S. International Trade 

Commission, telephone (202) 205–1802. 

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 (2020). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

January 19, 2021, 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)(B) 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 (2) by reason of 

infringement of one or more of claims 

1–3, 6, 7, 9, 14, 17, 18, 20, and 21 of the 

’665 patent; and claims 1, 2, 7, 8, 11, 12, 

19, 20, 26, and 27 of the ’345 patent; and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 

(2) 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 ‘‘gabapentin 

immunoassays kits, gabapentin-specific 

test strips, multi-drug test kits and strips 

that test for gabapentin among other 

drugs, and components of such kits and 

test strips’’; 

(3) 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: 

ARK Diagnostics, Inc., 48089 Fremont 

Boulevard, Fremont, CA 94538. 

(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: 

Hangzhou AllTest Biotech Co., Ltd., No. 

550, Yinhai Street, Hangzhou 

Economy and Technology 

Development Area, Hangzhou, China 

210018. 

Shanghai Chemtron Biotech Co., Ltd., 

No. 518, Qingdai Rd., International 

Medical Park, Pudong 201318, 

Shanghai, China. 

Chemtron Biotech Co., Ltd., 9425 Brown 

Deer Road, Suite B, San Diego, CA 

92121. 

Zhejiang Orient Gene Biotech Co., Ltd., 

#3787 East Yangguang Ave., Dipu St., 

Anji 313300, Huzhou, Zhejiang, 

China. 

Healgen Scientific, LLC, 3818 Fuqua 

Street, Houston, TX 77047. 

Kappa City Biotech, SAS, 32 Rue 

Danton, 03100 Montlucon, France. 

12PanelMedical, Inc., 846 Wee Burn 

Street, Apt. E306, Sarasota, FL 34243. 

Acro Biotech, Inc., 9500 7th Street, Unit 

M, Rancho Cucamonga, CA 91730. 

AlcoPro, Inc., 2547 Sutherland Ave., 

Knoxville, TN 37919. 

American Screening, LLC, 9742 St. 

Vincent Ave., Ste. 100, Shreveport, 

LA 71106. 

Confirm Biosciences, Inc., 10123 Carroll 

Canyon Road, San Diego, CA 92131. 

Mercedes Medical, LLC, 12210 

Rangeland Parkway, Lakewood 

Ranch, FL 34211. 

TransMed Co., LLC, 1887 McFarland 

Parkway, Alpharetta, GA 30005. 

Transmetron, Inc., 1476 S Major Street 

(50 East), Salt Lake City, UT 84115. 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations will not participate as a 

party in this investigation. 

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: January 19, 2021. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2021–01548 Filed 1–22–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Air 

Act 

On January 14, 2021, the Department 

of Justice lodged a proposed consent 

decree with the United States District 

Court for the Middle District of North 

Carolina in United States v. Pilkington 

North America, Inc., Civil Action No. 

1:21–cv–00040. 

The United States filed a complaint 

under Clean Air Act (CAA) Sections 

113(b) and 167, 42 U.S.C. 7413(b) and 

7477, seeking injunctive relief for the 

Defendant’s alleged failure to (1) obtain 

appropriate permits before modifying 

and subsequently operating Furnace No. 

1 at its glass manufacturing facility in 

Laurinburg, North Carolina, and (2) 

install and employ the best available 

control technology (BACT) to control 

emissions of nitrogen oxides (NOX), 

sulfur dioxide (SO2), and particulate 

matter (PM) from Furnace No. 1, as 

required by the CAA. The United States 

simultaneously lodged a consent decree 

that would settle the claims in the 

complaint. 

Under the proposed decree, the 

Defendant will have to (1) install 

equipment on Furnace No. 1 to control 

emissions of NOX, SO2, and PM from 

the furnace; (2) install equipment on 

Furnace No. 1 to continuously monitor 

NOX and SO2 emissions from the 

furnace and perform annual stack tests 

to monitor PM emissions from the 

furnace; (3) meet interim and final 

limits for emissions of NOX, SO2, and 

PM from Furnace No. 1; (4) incorporate 

certain requirements of the decree into 

a permit; and (5) perform a project to 

mitigate excess PM emissions from the 

Laurinburg facility. 

The publication of this notice opens 

a period for public comment on the 

proposed consent decree. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to United States v. Pilkington 

North America, Inc., D.J. Ref. No. 90–5– 

2–1–10328. All comments must be 


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