Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21135 

BURDEN BREAKDOWN—Continued 

Citation 30 CFR part 553 Reporting requirement * Hour burden 

Average number of annual 

reponses 

Annual burden 

hours 

Total Burden ............. ................................................................................................. ........................ 2,233 34,695 

* In the future, BOEM may require electronic filing of financial and bonding submissions. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid OMB control 

number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Peter Meffert, 

Acting Chief, Office of Regulations. 

[FR Doc. 2022–07634 Filed 4–8–22; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1196] 

Certain In Vitro Fertilization Products, 

Components Thereof, and Products 

Containing the Same; Notice of 

Commission Final Determination To 

Issue a Limited Exclusion Order and a 

Cease and Desist Order; Termination 

of the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to issue a 

limited exclusion order (‘‘LEO’’) barring 

entry of certain in vitro fertilization 

products, components thereof, and 

products containing the same, that 

infringe Complainant’s asserted 

trademarks and that are imported by or 

on behalf of respondents FastIVF of 

Scottsdale, Arizona (‘‘FastIVF’’) and 

Hermes Ezcanesi of Istanbul, Turkey 

(collectively, the ‘‘Defaulting 

Respondents’’). The Commission has 

further determined to issue a cease and 

desist order (‘‘CDO’’) directed to 

Defaulting Respondent FastIVF. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: On April 

16, 2020, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by complainant EMD 

Serono, Inc. of Rockland, Massachusetts 

(‘‘Complainant’’). See 85 FR 21267–68 

(Apr. 16, 2020). The complaint, as 

amended and supplemented, alleges a 

violation of section 337 based on the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain in vitro fertilization products, 

components thereof, and products 

containing same (collectively, ‘‘Gray 

Market IVF Products’’), by reason of 

infringement of U.S. Trademark 

Registration Nos. 4,689,651; 1,772,761; 

3,777,170; 3,389,332; 3,816,320; 

1,972,079; 3,604,207; and 3,185,427 

(collectively, ‘‘the Asserted 

Trademarks’’); unfair methods of 

competition and unfair acts in the 

importation and sale of Gray Market IVF 

Products by reason of false designation 

of source; and unfair methods of 

competition and unfair acts in the 

importation and sale of the Gray Market 

IVF Products by reason of false 

advertising. See id. In addition to the 

Defaulting Respondents, the notice of 

investigation names General Plastik 

Drug Stores (‘‘Unserved Respondent’’) of 

Istanbul Suadiye, Turkey as a 

respondent in this investigation. See id. 

The Office of Unfair Import 

Investigations (‘‘OUII’’) is also a party to 

the investigation. See id. 

On September 1, 2020, the Chief ALJ 

issued an initial determination (‘‘ID’’) 

finding each of the Defaulting 

Respondents in default. See Order No. 

6 (Sept. 1, 2020), unreviewed by 

Comm’n Notice (Sept. 24, 2020). On 

October 13, 2020, the Chief ALJ also 

issued an ID terminating Unserved 

Respondent from the investigation 

based on the withdrawal of the 

complaint allegations as to that 

respondent. See Order No. 8 (Oct. 13, 

2020), unreviewed by Comm’n Notice 

(Oct. 26, 2020). 

On April 16, 2021, the Chief ALJ 

issued an ID (Order No. 10) (‘‘SD’’) 

granting in part Complainant’s motion 

for summary determination of violation 

of section 337 by the Defaulting 

Respondents with respect to 

Complainant’s claim under section 

337(a)(1)(C) (infringement of the 

Asserted Trademarks) but denied the 

motion with respect to Complainant’s 

unfair competition claims under section 

337(a)(1)(A). In addition, the Chief ALJ 

recommended that the Commission 

issue a general exclusion order (‘‘GEO’’) 

and set a bond at 100 percent during the 

period of Presidential review. 

On May 18, 2021, the Commission 

determined to review the SD (Order No. 

10) in part. See Comm’n Notice (May 18, 

2021). Specifically, the Commission 

determined to review the SD’s findings 

with respect to the economic prong of 

the domestic industry requirement. See 

id. The Commission determined not to 

review any other findings in the SD. 

On October 6, 2021, the Commission 

determined to vacate the SD in part. 

Specifically, the Commission vacated 

the SD’s finding that Complainant has 

satisfied the economic prong of the 

domestic industry requirement. 

Consequently, the Commission also 

vacated the SD’s finding of a violation 

of section 337 and remanded the 

investigation to the Chief ALJ. Because 

Complainant requested a GEO, the 

Commission found that Complainant 

failed to establish a violation by 

‘‘substantial, reliable, and probative 

evidence’’ and that genuine issues of 

material fact remained as to whether the 

economic prong of the domestic 

industry requirement was satisfied. See 

Comm’n Op. at 8 n.9, 25 (Oct. 6, 2021) 

(citing 19 U.S.C. 1337(g)(2)). 

Commissioners Karpel and Schmidtlein 

dissented from the Commission’s 

decision that Complainant had failed to 

satisfy the economic prong of the 

domestic industry requirement and 

would have found a violation of section 

337 based on substantial, reliable, and 

probative evidence. 


lotter on DSK11XQN23PROD with NOTICES1
21136 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

1A record of the Commissioners’ votes is 

available from the Office of the Secretary and at the 

Commission’s website. 

2The Commission has found the joint response to 

its Notice of Institution filed on behalf of D&L 

After the Commission’s decision to 

vacate the SD, Complainant withdrew 

its request for a GEO and requested an 

LEO against the Defaulting Respondents 

and a CDO against FastIVF. On 

December 15, 2021, the Chief ALJ issued 

an ID partially terminating the 

investigation as to Complainant’s unfair 

competition claims under section 

337(a)(1)(A). See Order No. 13 (Dec. 15, 

2021), unreviewed by Comm’n Notice 

(Jan. 10, 2022). 

On December 15, 2021, the Chief ALJ 

issued a remand final initial 

determination (‘‘FID’’) finding a 

violation of section 337 based on the 

infringement by the Defaulting 

Respondents of Complainant’s Asserted 

Trademarks pursuant to section 

337(g)(1), 19 U.S.C. 1337(g)(1). In 

addition, the Chief ALJ issued a 

Recommended Determination (‘‘RD’’) 

recommending that the Commission 

issue an LEO against the infringing 

articles imported by or on behalf of the 

Defaulting Respondents and a CDO 

against FastIVF. 

On January 4, 2022, Complainant filed 

a statement on the public interest 

pursuant to Commission Rule 210.50, 19 

CFR 210.50. On the same day, 

Complainant filed a declaration 

requesting relief against the Defaulting 

Respondents, namely, an LEO against 

the Defaulting Respondents’ infringing 

products and a CDO against FastIVF. No 

submissions were filed in response to 

the Federal Register notice requesting 

public interest comments. See 86 FR 

72620–21 (Dec. 22, 2021). 

On February 11, 2022, the 

Commission issued a notice 

determining not to review the remand 

FID and therefore affirmed the remand 

FID’s finding of a violation of section 

337 pursuant to section 337(g)(1) (19 

U.S.C. 1337(g)(1)). See 87 FR 9086–88 

(Feb. 17, 2022) (‘‘the Remedy Notice’’). 

In default cases governed by section 

337(g)(1), the Commission ‘‘presume[s] 

the facts alleged in the complaint to be 

true.’’ See 19 U.S.C. 1337(g)(1). The 

Remedy Notice also requested briefing 

on remedy, the public interest, and 

bonding from the parties and from any 

interested third party. See id. 

On February 28, 2022, Complainant 

and OUII filed responses to the 

Commission’s Remedy Notice. On 

March 7, OUII filed a reply to 

Complainant’s submission. 

Having examined the record of this 

investigation, including the FID, the RD, 

and the parties’ submissions in response 

to the Remedy Notice, the Commission 

has determined that the appropriate 

remedy in this investigation is: (1) An 

LEO prohibiting the unlicensed entry of 

certain in vitro fertilization products, 

components thereof, and products 

containing the same, that infringe 

Complainant’s Asserted Trademarks and 

that are imported by or on behalf of the 

Defaulting Respondents; and (2) a CDO 

directed to Defaulting Respondent 

FastIVF. The Commission has further 

determined that the bond during the 

period of Presidential review pursuant 

to section 337(j) (19 U.S.C. 1337(j)) shall 

be in the amount of 100 percent of the 

entered value of the imported articles 

that are subject to the LEO and/or CDO. 

Still further, the Commission has 

determined that the public interest 

factors enumerated in subsections 

337(g)(1) (19 U.S.C. 1337(g)(1)) do not 

preclude the issuance of the LEO and 

CDO. 

The Commission’s vote for this 

determination took place on April 6, 

2022. 

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: April 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07711 Filed 4–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–249 and 731– 

TA–262–263 and 265 (Fifth Review)] 

Iron Construction Castings From 

Brazil, Canada, and China; Scheduling 

of Expedited Five-Year Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of expedited 

reviews pursuant to the Tariff Act of 

1930 (‘‘the Act’’) to determine whether 

revocation of the antidumping and 

countervailing duty orders on iron 

construction castings from Brazil, 

Canada, and China would be likely to 

lead to continuation or recurrence of 

material injury within a reasonably 

foreseeable time. 

DATES: March 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Nitin Joshi (202–708–1669), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter 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 by 

accessing its internet server (https://

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On March 7, 2022, the 

Commission determined that the 

domestic interested party group 

response to its notice of institution (86 

FR 68283, December 1, 2021) of the 

subject five-year reviews was adequate 

and that the respondent interested party 

group response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting full reviews.1 Accordingly, 

the Commission determined that it 

would conduct expedited reviews 

pursuant to section 751(c)(3) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). 

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

Please note the Secretary’s Office will 

accept only electronic filings at 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. 

Staff report.—A staff report 

containing information concerning the 

subject matter of the reviews has been 

placed in the nonpublic record, and will 

be made available to persons on the 

Administrative Protective Order service 

list for these reviews on April 8, 2022. 

A public version will be issued 

thereafter, pursuant to section 

207.62(d)(4) of the Commission’s rules. 

Written submissions.—As provided in 

section 207.62(d) of the Commission’s 

rules, interested parties that are parties 

to the reviews and that have provided 

individually adequate responses to the 

notice of institution,2 and any party 


lotter on DSK11XQN23PROD with NOTICES1