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The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of K-V Pharmaceutical Company on October 23, 2012. The complaint alleges violations of section 337 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 hydroxyprogesterone caproate and products containing the same. The complaint names as respondents New England Compounding Pharmacy, Inc. of MA; Alwan Pharmacy & Compounding Center of IL; Avella Specialty Pharmacy of AZ; Bellevue Pharmacy of MO; Betapharma (Shanghai) Co., Ltd. of China; Boudreaux's Specialty Compounding of LA; California Pharmacy & Compounding Center of CA; College Pharmacy of CO; Compound Care Pharmacy of KY; Compounding Solutions of AL; Daniel Drug of TX; Five-Star Compounding Pharmacy of IA; Fagron, Inc. of MN; Hawthorne Pharmacy of SC; Health Dimensions Compounding Pharmacy of MI; Hopewell Pharmacy & Compounding Center of NJ; Hubei Gedian Humanwell Pharmaceutical Co., Ltd. of China; Hubei Saibo Chemical Co., Ltd. of China; Jinan Haohua Industry Co., Ltd. of China; Kelley-Ross & Associates, Inc. of WA; Lacey Drug Company/Marietta Medical Center of GA; Letco Medical of AL; Medisca, Inc. of NV; Owens Healthcare Compounding Pharmacy of CA; Partners In Care, Inc. of GA; People's Custom Rx of TN; Pharmerica Corporation of KY; Prescription Compounds of LA; Rye Beach Pharmacy of NY; Sherry's Drug Compounding and Natural Pharmacy of OK; Shanghai Jinhong Biopharmaceutical, Ltd. of China; Stark Pharmacy of KS; The Compounder Pharmacy of IL; The Compounding Shoppe of AL; The Medicine Shoppe Pharmacy of IL; Triangle Compounding Pharmacy of NC; Trinity Healthcare Medical Center of FL; Universal Arts Pharmacy of FL; Village Compounding of TX; Wedgewood Pharmacy of NJ; Westmoreland Pharmacy & Compounding of IN; Williams Bros. Healthcare Pharmacy of IN; Wilson Pharmacy, Inc. of TN; Women's International Pharmacy of WI; Wuhan Xianghe Pharmaceutical, Co., Ltd. of China; and Xianju Hongyan Pharmaceutical Chemicals Co., Ltd. of China.
Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;
(ii) Identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;
(iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;
(iv) Indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and
(v) Explain how the requested remedial orders would impact United States consumers.
Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the
Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 2919”) in a prominent place on the cover page and/or the first page. (
Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such
This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.