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News Release 16-093
Inv. No(s). 337-TA-1013
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain potassium chloride powder products. The products at issue in the investigation are potassium chloride powder products for the treatment of hypokalemia in adults and pediatric patients, particularly, potassium chloride for oral solution.
The investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., of Allentown, PA; Endo Global Ventures of Hamilton, Bermuda; Endo Ventures Limited of Dublin, Ireland; and Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, AL, on June 15, 2016. The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Viva Pharmaceutical Inc. of Richmond, British Columbia, Canada;
Virtus Pharmaceuticals, LLC, of Tampa, FL; and
Virtus Pharmaceuticals OPCO II, LLC, of Nashville, TN.
By instituting this investigation (337-TA-1013), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.