[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17769-17770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7829]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-679]
In the Matter of Certain Products Advertised as Containing
Creatine Ethyl Ester; Notice of Commission Issuance of a Limited
Exclusion Order Against the Products Advertised as Containing Creatine
Ethyl Ester of Respondents Found in Default; Issuance of Cease and
Desist Orders
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 issued a limited exclusion order and cease and desist
orders against four respondents found in default in the above-captioned
investigation under section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. 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
(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: This investigation was instituted on June
23, 2009, based upon a complaint filed on behalf of UneMed Corp. of
Omaha, Nebraska (``UneMed'') on June 5, 2009, and supplemented on June
8 and 10, 2009. 74 FR 29717 (June 23, 2009). The complaint alleged
violations of section 337(a)(1)(A) of the Tariff Act of 1930 (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 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
[[Page 17770]]
Nebraska Uniform Deceptive Trade Practices Act, R.R.S. Neb. Sec. 87-
302 (2008). The complaint named as respondents Bodyonics, Ltd. of
Hicksville, New York (``Bodyonics''); EST Nutrition LLC d/b/a
Engineered Sport Technology, Inc. of Oviedo, Florida (``EST'');
Proviant Technologies, Inc. of Champagne, Illinois (``Proviant''); NRG-
X Labs. of Bentonville, Arkansas (``NRG-X''); and San Corporation of
Oxnard, California.
On September 29, 2009, the Commission issued notice of its decision
not to review an ID terminating the investigation with respect to San
Corporation on the basis of a consent order.
On October 19, 2009, the Commission issued notice of its
determination not to review an ID finding Bodyonics, NRG-X, and
Proviant in default. On December 23, 2009, the Commission issued notice
of its determination not to review an ID finding respondent EST in
default, and requesting briefing on remedy, the public interest, and
bonding with respect to the respondents found in default. 74 FR 69146
(Dec. 30, 2009).
On January 6, 2010, UneMed submitted briefing, requesting a limited
exclusion order, cease and desist orders, and bonding at the level of
100 percent of entered value during the period of Presidential review.
Also on January 6, 2010, the Commission investigative attorney (IA)
submitted briefing, proposing the same.
The Commission found that each of the statutory requirements of
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met
with respect to the defaulting respondents. Accordingly, pursuant to
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c),
19 CFR 210.16(c), the Commission presumed the facts alleged in the
complaint to be true.
The Commission determined that the appropriate form of relief in
this investigation includes a limited exclusion order prohibiting the
unlicensed entry 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. Sec. 87-302 (2008).
The order covers certain products advertised as containing creatine
ethyl ester that are manufactured abroad by or on behalf of, or
imported by or on behalf of, respondents Bodyonics, EST, Proviant, or
NRG-X, or any of their affiliated companies, parents, subsidiaries, or
other related business entities, or their successors or assigns. The
Commission also determined to issue cease and desist orders prohibiting
domestic respondents Bodyonics, EST, Proviant, or NRG-X from importing,
selling, marketing, advertising, distributing, offering for sale,
transferring (except for exportation), and soliciting U.S. agents or
distributors for certain products advertised as containing creatine
ethyl ester. The Commission further determined that the public interest
factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not
preclude issuance of the limited exclusion order and cease and desist
orders. Finally, the Commission determined that the bond under the
limited exclusion order during the period of Presidential review shall
be in the amount of 100 percent of the entered value of the imported
articles. The Commission's orders were delivered to the President and
the United States Trade Representative on the day of their issuance.
The Commission has therefore terminated this investigation. 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
sections 210.16(c) and 210.41 of the Commission's Rules of Practice and
Procedure (19 CFR 210.16(c) and Sec. 210.41).
Issued: April 1, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-7829 Filed 4-6-10; 8:45 am]
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