28
Dec
By Eric Schweibenz
On December 23, 2009, the International Trade Commission issued a notice determining not to review ALJ Charles E. Bullock’s December 4, 2009 Initial Determination (“ID”) finding Respondent EST Nutrition LLC d/b/a Engineered Sport Technology, Inc. (“EST”) in default in Certain Products Advertised As Containing Creatine Ethyl Ester (Inv. No. 337-TA-679).

By way of background, the Complainant in this investigation is UneMed Corp. and the June 23, 2009 Notice of Investigation named the following as Respondents:  Bodyonics, Ltd. (“Bodyonics”), Engineered Sports Technology, Inc., Proviant Technologies, Inc. (“Proviant”), NRG-X Labs. (“NRG-X”), and San Corporation.  See our June 18 post for more details.  On September 29, 2009, the Commission issued a notice of its decision not to review an initial determination terminating the investigation with respect to San Corporation on the basis of a consent order.  On October 19, 2009, the Commission issued a notice of its decision not to review an initial determination finding Bodyonics, NRG-X, and Proviant in default.  On December 4, 2009, ALJ Bullock issued the ID (Order No. 12), finding EST in default and terminating the investigation.  No petitions for review were filed.

According to the December 23 notice, “EST is the last remaining respondent in this investigation” and the “investigation has been terminated with respect to all other respondents based on consent order and default.”

Written submissions on the issues of remedy, the public interest, and bonding are due by January 6, 2010, with reply submissions due by January 18, 2010.
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