Certain Bone Cements, Components Thereof and Products Containing the Same; Institution of Investigation, 14394-14395 [2019-07102]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14394-14395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07102]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1153]


Certain Bone Cements, Components Thereof and Products Containing 
the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 5, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Heraeus Medical LLC 
of Yardley, Pennsylvania and Heraeus Medical GmbH of Germany. A letter 
amending the complaint was filed on March 22, 2019. The complaint 
alleges violations of section 337 based upon the importation into the 
United States, and in the sale of certain bone cements, components 
thereof and products containing the same by reason of misappropriation 
of trade secrets, the threat or effect of which is to destroy or 
substantially injure a domestic industry in the United States or to 
prevent the establishment of such an industry.
    The complainants request that the Commission institute an 
investigation

[[Page 14395]]

and, after the investigation, issue a limited exclusion order and cease 
and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 4, 2019, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(A) of section 337 in the 
importation into the United States, or in the sale of certain bone 
cements, components thereof and products containing the same by reason 
of the misappropriation of trade secrets, the threat or effect of which 
is to destroy or substantially injure an industry in the United States 
or to prevent the establishment of such an industry;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``(1) Biomet Bone 
Cement R, Refobacin[supreg] Bone Cement R and other bone cements 
designed and manufactured by the proposed Respondents; (2) the 
components of the accused bone cements products, which are the bone 
cement powder, liquid and the raw materials that comprise the powder 
and liquid; and (3) the ClearMixTM Vacuum Mixing Systems and 
accessories, the Compact Cement Vacuum Mixing Systems and 
MillerTM Cement Delivery Systems and accessories, the 
Optipac[supreg] mixing system, mixing bowls, plugs, bone preparation 
kits, molds, diagnostic kits, and other mixing and delivery systems 
made or sold by the proposed Respondents that contain or are used with 
the proposed Respondents' bone cements:''
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Heraeus Medical LLC, 770 Township Line Road, Yardley, PA 19067.
Heraeus Medical GmbH, Philipp-Reis-Stra[szlig]e, 8-13, 61273 Wehrheim, 
Germany.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Zimmer Biomet Holdings, Inc., 345 East Main Street, Warsaw, IN 46580.
Biomet, Inc., 56 East Bell Drive, Warsaw, IN 46582.
Zimmer Orthopaedic Surgical Products, Inc., 200 West Ohio Avenue, 
Dover, OH 44622.
Zimmer Surgical, Inc., 200 West Ohio Avenue, Dover, OH 44622.
Biomet France S.A.R.L., 58 Avenue de Lautagne, BP 75, Valence, 26903, 
France.
Biomet Deutschland GmbH, Gustav-Krone-Stra[szlig]e 2, 14167 Berlin, 
Germany.
Zimmer Biomet Deutschland GmbH, Merzhauser Str. 112, 79100 Freiburg im 
Breisgau, Germany.
Biomet Europe B.V., Toermalijnring 600, Dordrecht, 3316 LC, 
Netherlands.
Biomet Global Supply Chain Center B.V., Toermalijnring 600, Dordrecht, 
3316 LC, Netherlands.
Zimmer Biomet Nederland B.V., Toermalijnring 600, Dordrecht, 3316 LC, 
Netherlands.
Biomet Orthopedics, LLC, 56 East Bell Drive, Warsaw, IN 46582.
Biomet Orthopaedics Switzerland GmbH, Riedstra[szlig]e 6, Dietikon, 
8953, Switzerland.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: April 5, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-07102 Filed 4-9-19; 8:45 am]
 BILLING CODE 7020-02-P