Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 29717 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–679] 

In the Matter of Certain Products 

Advertised as Containing Creatine 

Ethyl Ester; Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on May 

20, 2009, under section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, on behalf of UNeMed Corporation 

of Omaha, Nebraska. Supplements to 

the Complaint were filed on June 5, 

2009, June 8, 2009 and June 10, 2009. 

The complaint, as supplemented, 

alleges violations of section 337(a)(1)(A) 

based upon the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain products 

advertised as containing creatine ethyl 

ester by reason of false advertising in 

violation of Section 43(a) of the Lanham 

Act, 15 U.S.C. 1125(a)(1)(B) and the 

Nebraska Uniform Deceptive Trade 

Practices Act, R.R.S. Neb. § 87–302 

(2008), the threat or effect of which is 

to destroy or substantially injure an 

industry in the United States. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and cease and desist 

orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

202–205–2000. 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey T. Hsu, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2579. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 15, 2009, 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)(A) 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 

advertised as containing creatine ethyl 

ester by reason of false advertising, the 

threat or effect of which is to destroy or 

substantially injure an industry in the 

United States; 

(2) 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—UNeMed 

Corporation, 986099 Nebraska Medical 

Center, Omaha, NE 68198–6099. 

(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: 

Bodyonics, Ltd., 140 Lauman Lane, 

Hicksville, NY 11801. 

Engineered Sports Technology, Inc., 

4250 Alafaya Trail, Oviedo, FL 32765. 

Proviant Technologies, Inc., 309 West 

Hensley Road, Champaign, IL 61822– 

8401. 

NRG–X Labs, 10636 West Highway 72 

#1001, Bentonville, AR 72712. 

San Corporation, 716 North Ventura 

Road #431, Oxnard, CA 93030. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Jeffrey T. Hsu, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

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(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission 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 

a respondent. 

By order of the Commission. 

Issued: June 17, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–14670 Filed 6–22–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Application 

Pursuant to § 1301.33(a) of Title 21 of 

the Code of Federal Regulations (CFR), 

this is notice that on May 8, 2009, 

Chattem Chemicals Inc., 3801 St. Elmo 

Avenue, Building 18, Chattanooga, 

Tennessee 37409, made application by 

letter to the Drug Enforcement 

Administration (DEA) as a bulk 

manufacturer of the basic class of 

controlled substances listed in schedule 

II: 

Drug Schedule 

Methadone (9250) ........................ II 

Methadone intermediate (9254) ... II 

The company plans to manufacture 

the listed controlled substances in bulk 

for distribution to its customers. 

Any other such applicant, and any 

person who is presently registered with 

DEA to manufacture such substances, 

may file comments or objections to the 

issuance of the proposed registration 

pursuant to 21 CFR 1301.33(a). 

Any such written comments or 

objections should be addressed, in