Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Commission Decision To Institute a Rescission Proceeding and Rescind the Remedial Orders, To Grant the Motion To Limit Service of the Settlement Agreement, To Deny as Moot the Motion To Terminate, and To Indicate Ruling on Motion To Vacate; Termination of the Rescission Proceeding, 24665-24666 [2021-09652]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
(v) explain how the recommended
orders would impact consumers in the
United States.
Written submissions must be filed no
later than by close of business on June
4, 2021.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (‘‘Inv.
No. 337–TA–1185’’) in a prominent
place on the cover page and/or the first
page. (See Handbook for Electronic
Filing Procedures, https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf.). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and in Part 210 of the Commission’s
Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
Issued: May 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09736 Filed 5–6–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 701–TA–657 (Final)]
Chassis and Subassemblies From
China
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of chassis and subassemblies (‘‘chassis’’)
from China, provided for in subheadings
8716.39.00 and 8716.90.50 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the U.S. Department of Commerce
(‘‘Commerce’’) to be subsidized by the
government of China.2
Background
The Commission instituted this
investigation effective July 30, 2020,
following receipt of petitions filed with
the Commission and Commerce by the
Coalition of American Chassis
Manufacturers, consisting of Cheetah
Chassis Corporation, Fairless Hills,
Pennsylvania, Hercules Enterprises,
LLC, Hillsborough, New Jersey, Pitts
Enterprises, Inc., Pittsview, Alabama,
Pratt Industries, Inc., Bridgman,
Michigan, and Stoughton Trailers, LLC,
Stoughton, Wisconsin. The Commission
scheduled the final phase of the
investigation following notification of a
preliminary determination by
Commerce that imports of chassis from
China were being subsidized within the
meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)). Notice of the
scheduling of the final phase of the
Commission’s investigation and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of January 14, 2021 (86 FR
3193). In light of the restrictions on
access to the Commission building due
to the COVID–19 pandemic, the
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 86 FR 15186 (March 22, 2021).
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24665
Commission conducted its hearing
through written testimony and video
conference on March 16, 2021. All
persons who requested the opportunity
were permitted to participate.
The Commission made this
determination pursuant to § 705(b) of
the Act (19 U.S.C. 1671d(b)). It
completed and filed its determination in
this investigation on May 3, 2021. The
views of the Commission are contained
in USITC Publication 5187 (May 2021),
entitled Chassis and Subassemblies
from China: Investigation No. 701–TA–
657 (Final).
By order of the Commission.
Issued: May 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09658 Filed 5–6–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1145
(Rescission)]
Certain Botulinum Toxin Products,
Processes for Manufacturing or
Relating to Same and Certain Products
Containing Same; Commission
Decision To Institute a Rescission
Proceeding and Rescind the Remedial
Orders, To Grant the Motion To Limit
Service of the Settlement Agreement,
To Deny as Moot the Motion To
Terminate, and To Indicate Ruling on
Motion To Vacate; Termination of the
Rescission Proceeding
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
a rescission proceeding and rescind the
remedial orders issued in the
underlying investigation, to grant the
motion to limit service of the settlement
agreement, and to deny as moot the
motion to terminate the investigation.
The Commission has further determined
that if the Federal Circuit dismisses the
pending appeals as moot, the
Commission will vacate its final
determination. The rescission
proceeding is terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
SUMMARY:
E:\FR\FM\07MYN1.SGM
07MYN1
24666
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. 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. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: On March
6, 2019, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Medytox Inc. of
Seoul, South Korea (‘‘Medytox’’);
Allergan plc of Dublin, Ireland; and
Allergan, Inc. of Irvine, California
(collectively, ‘‘Allergan’’) (all
collectively, ‘‘Complainants’’). See 84
FR 8112–13 (March 6, 2019). The
complaint, as supplemented, alleges a
violation of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain botulinum toxin products,
processes for manufacturing or relating
to same and certain products containing
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. See id. The notice of
investigation names as respondents
Daewoong Pharmaceuticals Co., Ltd.
(‘‘Daewoong’’) of Seoul, South Korea
and Evolus, Inc. (‘‘Evolus’’) of Irvine,
California (collectively, ‘‘Respondents’’).
See id. The Office of Unfair Import
Investigations (‘‘OUII’’) was also a party
to the investigation. See id.
On July 6, 2020, the Administrative
Law Judge issued a final initial
determination (‘‘FID’’) finding a
violation of section 337 based on the
misappropriation of Complainants’
asserted trade secrets (including the
Medytox bacterial strain and Medytox
manufacturing processes), the threat or
effect of which is to destroy or
substantially injure an industry in the
United States. On September 21, 2020,
the Commission issued a notice
determining to review the FID in part.
See 85 FR 60489–90 (September 25,
2020).
On December 16, 2020, the
Commission found a violation of section
337 based on the misappropriation of
Complainants’ trade secrets (including
the Medytox manufacturing processes
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
but not the Medytox bacterial strain).
See 85 FR 83610–11 (Dec. 22, 2020).
The Commission issued a limited
exclusion order (‘‘LEO’’) against certain
botulinum neurotoxin products that are
imported and/or sold by Respondents
Daewoong and Evolus and a cease and
desist order (‘‘CDO’’) against Evolus. Id.
The Commission also set a bond during
the period of Presidential review in an
amount of $441 per 100U vial of
Respondents’ accused products. Id
On February 12, 2021, Complainants
filed an appeal from the Commission’s
final determination with the Federal
Circuit. On the same day, Respondents
also filed an appeal from the
Commission’s final determination of a
violation of section 337. On February
18, 2021, Complainants and Evolus
(collectively, ‘‘the Settling Parties’’)
announced that they had reached a
settlement agreement to resolve all
pending issues between them.
On March 3, 2021, the Settling Parties
filed a joint petition to rescind the LEO
and CDO (collectively, ‘‘the remedial
orders’’) based on the settlement
agreement. On the same day, the
Settling Parties also filed a joint motion
to limit service of the settlement
agreement. On March 16, 2021,
Daewoong filed a notice of nonopposition to the joint motion to limit
service. On April 1, 2021, the Settling
Parties further filed a joint motion to
terminate the investigation without
prejudice pursuant to 19 CFR 210.21(b).
On April 5, 2021, Daewoong filed a
response to the Settling Parties’ petition
to rescind the remedial orders stating
that it does not oppose the Settling
Parties’ petition for recission.
Daewoong’s response also included a
motion for vacatur of the Commission’s
final determination. On April 8, 2021,
OUII filed a response in support of the
Settling Parties’ petition to rescind and
their joint motion to limit service. On
April 12, 2021, Daewoong filed a
response to the Settling Parties’ motion
to terminate the investigation, arguing
that the motion to terminate should be
denied as moot and opposing
termination without prejudice. On April
15, 2021, Medytox filed a response in
opposition to Daewoong’s motion to
vacate the final determination. On April
23, 2021, Daewoong filed a motion for
leave to file a reply in support of its
motion to vacate and on April 29, 2021,
Medytox filed a response in opposition
to the motion for leave to file a reply;
the Commission accepts both of these
filings and Daewoong’s motion for leave
to file a reply is granted.
Having reviewed the parties’
submissions relating to (and in response
to) the Settling Parties’ petition to
PO 00000
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Fmt 4703
Sfmt 4703
rescind, their joint motion to limit
service, their joint motion to terminate,
and Daewoong’s motion to vacate, and
for the reasons discussed in the
Commission Opinion issued
concurrently herewith, the Commission
has determined to grant the joint
petition to rescind the remedial orders
and the joint motion to limit service,
and to deny as moot the joint motion to
terminate the investigation. The
Commission has further determined
that, if the Federal Circuit dismisses the
pending appeals as moot, the
Commission will vacate its final
determination. Commissioner Karpel
concurs in the determination to grant
the Settling Parties’ motion to rescind
the remedial orders and their motion to
limit service; and to deny as moot their
motion to terminate the investigation.
However, Commissioner Karpel would
deny Daewoong’s motion to vacate the
Commission’s final determination as
procedurally improper. She would also
deny Daewoong’s motion for leave to
file a reply. Further, Commissioner
Karpel would decline to issue an
indicative ruling as to whether
Daewoong has established equitable
entitlement to the extraordinary remedy
of vacatur on the basis of the record
before the Commission.
The rescission proceeding is
terminated.
The Commission’s vote on this
determination took place on May 3,
2021.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: May 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09652 Filed 5–6–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–814]
Bulk Manufacturer of Controlled
Substances Application: Bulk
Manufacturer of Marihuana: Indian
Flower LLC
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24665-24666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09652]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1145 (Rescission)]
Certain Botulinum Toxin Products, Processes for Manufacturing or
Relating to Same and Certain Products Containing Same; Commission
Decision To Institute a Rescission Proceeding and Rescind the Remedial
Orders, To Grant the Motion To Limit Service of the Settlement
Agreement, To Deny as Moot the Motion To Terminate, and To Indicate
Ruling on Motion To Vacate; Termination of the Rescission Proceeding
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute a rescission proceeding and
rescind the remedial orders issued in the underlying investigation, to
grant the motion to limit service of the settlement agreement, and to
deny as moot the motion to terminate the investigation. The Commission
has further determined that if the Federal Circuit dismisses the
pending appeals as moot, the Commission will vacate its final
determination. The rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the
[[Page 24666]]
Commission's electronic docket (EDIS) at https://edis.usitc.gov. For
help accessing EDIS, please email [email protected]. 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. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On March 6, 2019, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by Medytox Inc. of Seoul, South Korea (``Medytox''); Allergan plc of
Dublin, Ireland; and Allergan, Inc. of Irvine, California
(collectively, ``Allergan'') (all collectively, ``Complainants''). See
84 FR 8112-13 (March 6, 2019). The complaint, as supplemented, alleges
a violation of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain botulinum toxin products, processes for
manufacturing or relating to same and certain products containing 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. See id. The notice of investigation names as respondents
Daewoong Pharmaceuticals Co., Ltd. (``Daewoong'') of Seoul, South Korea
and Evolus, Inc. (``Evolus'') of Irvine, California (collectively,
``Respondents''). See id. The Office of Unfair Import Investigations
(``OUII'') was also a party to the investigation. See id.
On July 6, 2020, the Administrative Law Judge issued a final
initial determination (``FID'') finding a violation of section 337
based on the misappropriation of Complainants' asserted trade secrets
(including the Medytox bacterial strain and Medytox manufacturing
processes), the threat or effect of which is to destroy or
substantially injure an industry in the United States. On September 21,
2020, the Commission issued a notice determining to review the FID in
part. See 85 FR 60489-90 (September 25, 2020).
On December 16, 2020, the Commission found a violation of section
337 based on the misappropriation of Complainants' trade secrets
(including the Medytox manufacturing processes but not the Medytox
bacterial strain). See 85 FR 83610-11 (Dec. 22, 2020). The Commission
issued a limited exclusion order (``LEO'') against certain botulinum
neurotoxin products that are imported and/or sold by Respondents
Daewoong and Evolus and a cease and desist order (``CDO'') against
Evolus. Id. The Commission also set a bond during the period of
Presidential review in an amount of $441 per 100U vial of Respondents'
accused products. Id
On February 12, 2021, Complainants filed an appeal from the
Commission's final determination with the Federal Circuit. On the same
day, Respondents also filed an appeal from the Commission's final
determination of a violation of section 337. On February 18, 2021,
Complainants and Evolus (collectively, ``the Settling Parties'')
announced that they had reached a settlement agreement to resolve all
pending issues between them.
On March 3, 2021, the Settling Parties filed a joint petition to
rescind the LEO and CDO (collectively, ``the remedial orders'') based
on the settlement agreement. On the same day, the Settling Parties also
filed a joint motion to limit service of the settlement agreement. On
March 16, 2021, Daewoong filed a notice of non-opposition to the joint
motion to limit service. On April 1, 2021, the Settling Parties further
filed a joint motion to terminate the investigation without prejudice
pursuant to 19 CFR 210.21(b). On April 5, 2021, Daewoong filed a
response to the Settling Parties' petition to rescind the remedial
orders stating that it does not oppose the Settling Parties' petition
for recission. Daewoong's response also included a motion for vacatur
of the Commission's final determination. On April 8, 2021, OUII filed a
response in support of the Settling Parties' petition to rescind and
their joint motion to limit service. On April 12, 2021, Daewoong filed
a response to the Settling Parties' motion to terminate the
investigation, arguing that the motion to terminate should be denied as
moot and opposing termination without prejudice. On April 15, 2021,
Medytox filed a response in opposition to Daewoong's motion to vacate
the final determination. On April 23, 2021, Daewoong filed a motion for
leave to file a reply in support of its motion to vacate and on April
29, 2021, Medytox filed a response in opposition to the motion for
leave to file a reply; the Commission accepts both of these filings and
Daewoong's motion for leave to file a reply is granted.
Having reviewed the parties' submissions relating to (and in
response to) the Settling Parties' petition to rescind, their joint
motion to limit service, their joint motion to terminate, and
Daewoong's motion to vacate, and for the reasons discussed in the
Commission Opinion issued concurrently herewith, the Commission has
determined to grant the joint petition to rescind the remedial orders
and the joint motion to limit service, and to deny as moot the joint
motion to terminate the investigation. The Commission has further
determined that, if the Federal Circuit dismisses the pending appeals
as moot, the Commission will vacate its final determination.
Commissioner Karpel concurs in the determination to grant the Settling
Parties' motion to rescind the remedial orders and their motion to
limit service; and to deny as moot their motion to terminate the
investigation. However, Commissioner Karpel would deny Daewoong's
motion to vacate the Commission's final determination as procedurally
improper. She would also deny Daewoong's motion for leave to file a
reply. Further, Commissioner Karpel would decline to issue an
indicative ruling as to whether Daewoong has established equitable
entitlement to the extraordinary remedy of vacatur on the basis of the
record before the Commission.
The rescission proceeding is terminated.
The Commission's vote on this determination took place on May 3,
2021.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: May 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09652 Filed 5-6-21; 8:45 am]
BILLING CODE 7020-02-P
