Certain Bone Cements and Bone Cement Accessories; Institution of Investigation, 49764 [2019-20462]

Download as PDF 49764 Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Notices determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that both the domestic and respondent interested party group responses to its notice of institution (84 FR 25561, June 3, 2019) were adequate. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: September 17, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–20463 Filed 9–20–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1175] Certain Bone Cements and Bone Cement Accessories; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 19, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zimmer, Inc. of Warsaw, Indiana and Zimmer US, Inc. of Warsaw, Indiana. The complaint alleges violations of section 337 based upon the importation into the United States and the sale of certain bone cements and bone cement accessories by reason of the misappropriation of trade secrets, false advertising, and tortious interference, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation 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 jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:55 Sep 20, 2019 Jkt 247001 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: 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 (2019). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 16, 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 products identified in paragraph (2) by reason of the misappropriation of trade secrets, false advertising, or tortious interference, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 ‘‘Heraeus’ PALACOS® bone cements, including PALACOS® R, PALACOS® R+G, PALACOS® MV, PALACOS® MV+G, PALACOS® LV+G, PALACOS® LV, and other similar bone cements, as well as Heraeus’ bone cement accessories, including the PALACOS® All-in-One Fixation Systems, the PALAMIX® vacuum mixing systems, the PALABOWL vacuum mixing bowls, and other similar accessories used for mixing and applying bone cements’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which PO 00000 Frm 00060 Fmt 4703 Sfmt 9990 this notice of investigation shall be served: (a) The complainants are: Zimmer, Inc., 1800 West Center Street, Warsaw, IN 46580 Zimmer US, Inc., 345 East Main Street, Warsaw, IN 46580 (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: Heraeus Medical GmbH, Philipp-ReisStra+e, 8–13, 61273 Wehrheim, Germany Heraeus Medical LLC, 770 Township Line Road, Yardley, PA 19067 (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: September 17, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–20462 Filed 9–20–19; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Page 49764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20462]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1175]


Certain Bone Cements and Bone Cement Accessories; 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 August 19, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Zimmer, Inc. of 
Warsaw, Indiana and Zimmer US, Inc. of Warsaw, Indiana. The complaint 
alleges violations of section 337 based upon the importation into the 
United States and the sale of certain bone cements and bone cement 
accessories by reason of the misappropriation of trade secrets, false 
advertising, and tortious interference, the threat or effect of which 
is to destroy or substantially injure an industry in the United States.
    The complainants request that the Commission institute an 
investigation 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: 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 16, 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 products 
identified in paragraph (2) by reason of the misappropriation of trade 
secrets, false advertising, or tortious interference, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States;
    (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 ``Heraeus' 
PALACOS[supreg] bone cements, including PALACOS[supreg] R, 
PALACOS[supreg] R+G, PALACOS[supreg] MV, PALACOS[supreg] MV+G, 
PALACOS[supreg] LV+G, PALACOS[supreg] LV, and other similar bone 
cements, as well as Heraeus' bone cement accessories, including the 
PALACOS[supreg] All-in-One Fixation Systems, the PALAMIX[supreg] vacuum 
mixing systems, the PALABOWL vacuum mixing bowls, and other similar 
accessories used for mixing and applying 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:

Zimmer, Inc., 1800 West Center Street, Warsaw, IN 46580
Zimmer US, Inc., 345 East Main Street, Warsaw, IN 46580

    (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:

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

    (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: September 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20462 Filed 9-20-19; 8:45 am]
 BILLING CODE 7020-02-P