The U.S. International Trade Commission (USITC) voted to institute an investigation of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Viking Therapeutics, Inc., of San Diego, CA, on December 29, 2022, and supplemented on January 13, 2023. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the United States of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States or prevent the establishment of an industry in the United States. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

• Ascletis Pharma Inc. of Hangzhou, Zhejiang Province, China; 
• Ascletis Pharmaceuticals Co. Ltd. of Shaoxing, Zhejiang Province, China; 
• Ascletis Bioscience Co., Ltd., of Hangzhou, Zhejiang Province, China; 
• Gannex Pharma Co., Ltd., of Shanghai, China; and 
• Jinzi Jason Wu of Seattle, WA.

By instituting this investigation (337-TA-1352), 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.

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