[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Page 8900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3468]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-768]


Certain Vaginal Ring Birth Control Devices; Termination of the 
Investigation Based on Withdrawal of the Complaint

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 determined not to review an initial determination 
(``ID'') (Order No. 30) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation based on 
withdrawal of the complaint.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 at 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 instituted this investigation 
on February 25, 2011, based on a complaint filed by Femina Pharma 
Incorporated of Miami, Florida. 76 FR 17444. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 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 birth control devices by reason of infringement of 
certain claims of U.S. Patent No. 6,086,909. The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation named the following respondents: The Canamerican Drugs 
Inc., The Canamerican Global, Inc., Canadian Med Service, Panther Meds 
Inc., Canada Drugs Online, Canadadrugs.com LP, and North Drug Store, 
collectively of Winnipeg, Manitoba, Canada; Drug World Canada, CanDrug 
Health Solutions Inc., Big Mountain Drugs, BestBuyRx.com, and Blue Sky 
Drugs, collectively of Surrey, British Columbia, Canada; ABC Online 
Pharmacy of Burnaby, British Columbia, Canada; Canada Pharmacy of 
Blaine, Washington (collectively, ``the non-participating 
respondents''); and Merck & Co., Inc. of Whitehouse Station, New 
Jersey; Schering Plough Corporation of Kenilworth, New Jersey; CVS 
Caremark Corporation (``CVS Caremark'') and CVS Pharmacy, Inc., both 
collectively of Woonsocket, Rhode Island; Wal-Mart Stores, Inc. of 
Bentonville, Arkansas; Walgreens Co. of Deerfield, Illinois; Organon 
USA, Inc. of Durham, North Carolina; and N.V. Organon of Oss, 
Netherlands.
    On June 3, 2011, the Commission issued notice of its determination 
not to review the ALJ's ID granting complainant's and CVS Caremark's 
joint motion to terminate the investigation as to CVS Caremark. On 
August 17, 2011, the Commission issued notice of its determination not 
to review the ALJ's ID finding the non-participating respondents in 
default.
    On January 17, 2012, complainant moved to terminate the 
investigation as to all respondents, including those previously found 
in default, on the basis of withdrawal of its complaint. No party 
opposed the motion.
    The ALJ issued the subject ID on January 20, 2012, granting the 
motion for termination of the investigation. He found that the motion 
for termination satisfied Commission rule 210.21(a). No party 
petitioned for review of the ID. The Commission has determined not to 
review the ID, and the investigation is terminated.
    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 sections 210.21 and 210.42(h) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.21, 210.42(h).

    Issued: February 9, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-3468 Filed 2-14-12; 8:45 am]
BILLING CODE 7020-02-P