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
Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21137 

Foundry, Inc., EJ USA, Inc., Neenah Foundry 

Company, Tyler Union (a Division of McWane, 

Inc.), and U.S. Foundry & Manufacturing Corp., 

domestic producers of heavy iron construction 

castings and/or light iron construction castings, to 

be individually adequate for each casting domestic 

product. Comments from other interested parties 

will not be accepted (see 19 CFR 207.62(d)(2)). 

1Registrant only is authorized to dispense nonnarcotic controlled substances in Schedules II and 

III. 

other than an interested party to the 

reviews may file written comments with 

the Secretary on what determinations 

the Commission should reach in the 

reviews. Comments are due on or before 

April 15, 2022 and may not contain new 

factual information. Any person that is 

neither a party to the five-year reviews 

nor an interested party may submit a 

brief written statement (which shall not 

contain any new factual information) 

pertinent to the reviews by April 15, 

2022. However, should the Department 

of Commerce (‘‘Commerce’’) extend the 

time limit for its completion of the final 

results of its reviews, the deadline for 

comments (which may not contain new 

factual information) on Commerce’s 

final results is three business days after 

the issuance of Commerce’s results. If 

comments contain business proprietary 

information (BPI), they must conform 

with the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s Handbook on 

Filing Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the reviews must be 

served on all other parties to the reviews 

(as identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Determination.—The Commission has 

determined these reviews are 

extraordinarily complicated and 

therefore has determined to exercise its 

authority to extend the review period by 

up to 90 days pursuant to 19 U.S.C. 

1675(c)(5)(B). 

Authority: These reviews are being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to section 207.62 of 

the Commission’s rules. 

By order of the Commission. 

Issued: April 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07714 Filed 4–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Jennifer Smith, M.D.; Decision and 

Order 

On July 8, 2021, a former Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to Jennifer 

Smith, M.D. (hereinafter, Registrant) of 

New Hartford, New York. OSC, at 1 and 

3. The OSC proposed the revocation of 

Registrant’s Certificate of Registration 

No. FS0290875. Id. at 1. It alleged that 

Registrant is ‘‘without authority to 

handle controlled substances in New 

York, the state in which [she is] 

registered with DEA’’ and alleged that 

her DEA registration must be revoked 

based on her lack of state authority. Id. 

at 2 (citing 21 U.S.C. 824(a)(3)). 

Specifically, the OSC alleged that on 

January 28, 2021, the New York State 

Board for Professional Medical Conduct 

(hereinafter, the Board) issued a 

Determination and Order revoking 

Registrant’s New York medical license, 

effective February 5, 2021. Id. at 1–2. 

The Board revoked Registrant’s New 

York medical license following its 

findings, inter alia, that Registrant 

‘‘failed to comply with the terms of an 

earlier Consent Order that [she] entered 

into with the Board on February 15, 

2013’’ and ‘‘failed to cooperate with an 

investigation by the New York State 

Office of Professional Medical 

Conduct.’’ Id. at 2. 

The OSC notified Registrant of the 

right to request a hearing on the 

allegations or to submit a written 

statement, while waiving the right to a 

hearing, the procedures for electing each 

option, and the consequences for failing 

to elect either option. Id. at 2 (citing 21 

CFR 1301.43). The OSC also notified 

Registrant of the opportunity to submit 

a corrective action plan. Id. at 3 (citing 

21 U.S.C. 824(c)(2)(C)). 

Adequacy of Service 

In a Declaration dated December 21, 

2021, a Diversion Investigator 

(hereinafter, the DI) assigned to the 

Syracuse Resident Office of DEA’s New 

York Field Division stated that on or 

about July 28, 2021, DEA sent a copy of 

the OSC to Registrant via certified mail, 

return receipt requested, and on or 

about July 31, 2021, Registrant herself 

signed the return receipt for the OSC. 

Request for Final Agency Action 

(hereinafter, RFAA) Exhibit (hereinafter, 

RFAAX) 3 (DI’s Declaration), at 1; see 

also RFAAX 3, Appendix (hereinafter, 

App.) A (Return Receipt Signed by 

Registrant) and B. 

The Government forwarded its RFAA, 

along with the evidentiary record, to 

this office on January 26, 2022. In its 

RFAA, the Government represents that 

neither Registrant nor any attorney 

representing Registrant has requested a 

hearing or submitted a written 

statement. RFAA, at 2; RFAAX 3, at 2. 

The Government requests that 

Registrant’s DEA registration be revoked 

and that any applications for any other 

DEA registrations by Registrant be 

denied based on Registrant’s lack of 

authority to handle controlled 

substances in New York, the state in 

which she is registered with the DEA. 

RFAA, at 5. 

Based on the DI’s Declaration, the 

Government’s written representations, 

and my review of the record, I find that 

the Government accomplished service 

of the OSC on Registrant on or about 

July 31, 2021. I also find that more than 

thirty days have now passed since the 

Government accomplished service of 

the OSC. Further, based on the DI’s 

Declaration, the Government’s written 

representations, and my review of the 

record, I find that neither Registrant, nor 

anyone purporting to represent 

Registrant, requested a hearing, 

submitted a written statement while 

waiving Registrant’s right to a hearing, 

or submitted a corrective action plan. 

Accordingly, I find that Registrant has 

waived the right to a hearing and the 

right to submit a written statement and 

corrective action plan. 21 CFR 

1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, 

therefore, issue this Decision and Order 

based on the record submitted by the 

Government, which constitutes the 

entire record before me. 21 CFR 

1301.43(e). 

Findings of Fact 

Registrant’s DEA Registration 

Registrant is the holder of DEA 

Certificate of Registration No. 

FS0290875 at the registered address of 

3985 Oneida Street, Suite 204, New 

Hartford, New York 13413. RFAAX 1 

(Certificate of Registration). Pursuant to 

this registration, Registrant is authorized 

to dispense controlled substances in 

schedules IIN, IIIN,1 IV and V as a 

practitioner. Id. 

The Status of Registrant’s State License 

On October 16, 2020, the New York 

State Board for Professional Medical 

Conduct (hereinafter, the Board) issued 

a Statement of Charges against 


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