[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66896-66897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21140]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1352]


Certain Selective Thyroid Hormone Receptor-Beta Agonists, 
Processes for Manufacturing or Relating to Same, and Products 
Containing Same; Notice of a Commission Determination Not To Review an 
Initial Determination Granting a Motion To Intervene

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 37) granting a motion to intervene in 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``EDIS'') at 
https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#4c0908051f7f0429203c0c393f25382f622b233a"><span class="__cf_email__" data-cfemail="9cd9d8d5cfafd4f9f0ecdce9eff5e8ffb2fbf3ea">[email protected]</span></a>. 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 February 9, 2023, based on a complaint, as supplemented, filed by 
Viking Therapeutics, Inc. of San Diego, California (``Viking''). 88 FR 
8455-56 (Feb. 9, 2023). The complaint alleges a violation of section 
337 the Tariff Act, as amended, 19 U.S.C. 1337, by way of the 
importation, sale for importation, or sale in the United States after 
importation of certain selective thyroid hormone receptor-beta 
agonists, processes for manufacturing or relating to same, and products 
containing same by reason of misappropriation of trade secrets, the 
threat or effect of which is to destroy or substantially injure a 
domestic industry or prevent the establishment of a domestic industry. 
Id. The named respondents include Ascletis Pharma Inc. of Hangzhou, 
Zhejiang Province, China; Ascletis Pharmaceuticals Co. of Shaoxing, 
Zhejiang Province, China; Ascletis

[[Page 66897]]

Bioscience Co. of Hangzhou, Zhejiang Province, China; Gannex Pharma Co. 
of Shanghai, China; and Jinzi Jason Wu of Seattle, Washington (all 
collectively, ``the Ascletis Respondents''). Id. The Office of Unfair 
Import Investigation is also participating in the investigation. Id.
    On June 30, 2023, Viking filed an Omnibus Motion for Monetary and 
Non-Monetary Sanctions Against Respondents and their Counsel, alleging 
failure to cooperate during discovery, failure to cooperate during 
forensic examinations, and violations of the terms of certain orders.
    On August 10, 2023, Foster, Murphy, Altman & Nickel, PC (``Foster 
Murphy'') moved to intervene in this investigation for the limited 
purpose of defending Foster Murphy and its attorneys' interest in 
response to complainant Viking's omnibus motion for sanctions. The 
motion was unopposed.
    On August 28, 2023, the presiding administrative law judge 
(``ALJ'') issued the subject ID (Order No. 37) pursuant to Commission 
Rule 210.19 (19 CFR 210.19) granting Foster Murphy's motion to 
intervene. Order No. 37 (Aug. 28, 2023). The ALJ states that the 
sanctions motion seeks joint and several liability between the Ascletis 
Respondents and Foster Murphy for discovery abuse. Id. at 4-5. The ALJ 
finds that Viking's sanctions motion makes specific allegations that 
implicate Foster Murphy and its attorneys. Id. at 5. The ALJ finds 
that, in view of these separate interests, the limited purpose of the 
intervention, and the lack of opposition, Foster Murphy's motion to 
intervene is granted. Id. at 6.
    No party filed a petition for review.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on September 
22, 2023.
    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: September 22, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-21140 Filed 9-27-23; 8:45 am]
BILLING CODE 7020-02-P


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