Certain Bone Cements and Bone Cement Accessories; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 34278 [2021-13791]
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices
considered by the Commission if
received not later than 20 days after the
date of service 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: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13789 Filed 6–28–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1175]
Certain Bone Cements and Bone
Cement Accessories; Notice of
Commission Determination Finding No
Violation of Section 337; Termination
of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to affirm a final initial
determination (‘‘FID’’) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding that no violation of
section 337 has occurred. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:06 Jun 28, 2021
Jkt 253001
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On
September 23, 2019, the Commission
instituted this investigation based on a
complaint filed on behalf of Zimmer,
Inc. and Zimmer US, Inc. both of
Warsaw, Indiana (collectively,
‘‘Complainants’’). 84 FR 49764 (Sept.
23, 2019). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), based on the
importation or the sale within the
United States 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 complaint also alleges the existence
of a domestic industry. The
Commission’s notice of investigation
names the following as respondents:
Heraeus Medical GmbH of Wehrheim,
Germany and Heraeus Medical LLC of
Yardley, Pennsylvania (collectively,
‘‘Respondents’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) is named
as a party in this investigation. Id.
On February 11, 2021, the ALJ issued
the FID finding no violation of section
337. More particularly, the FID finds,
inter alia, that: (1) The Commission has
subject matter and personal jurisdiction;
(2) Respondents imported or sold within
the United States accused bone cements
and bone cement accessories; (3) a
domestic industry exists under section
337(a)(1)(A)(i) (19 U.S.C.
1337(a)(1)(A)(i)); (4) Complainants own
the asserted trade secrets; (5) trade
secrets (‘‘TS’’) 10, 15, and 28 are
protectable, but TS 11 is not protectable;
(6) Respondents did not misappropriate
any asserted TS; (7) Respondents did
not engage in false advertising; (8)
Respondents did not tortiously interfere
with Complainants’ contracts or
prospective business relationships; and
(9) Complainants failed to show a
substantial injury or threat of injury to
their domestic industry.
On February 23, 2021, Complainants
filed a petition for review seeking
review of most of the FID’s findings. On
March 3, 2021, Respondents and OUII
filed responses to Complainants’
petition.
On March 15, 2021, Respondents filed
a submission on the public interest
PO 00000
Frm 00084
Fmt 4703
Sfmt 9990
pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)).
Complainants and OUII did not file a
statement on the public interest. The
Commission received no submissions in
response to its Federal Register notice
calling for public interest comments.
See 86 FR 12029–30 (Mar. 1, 2021).
On April 12, 2021, the Commission
determined to review the FID in part
and requested briefing from the parties
on certain issues under review. 86 FR
20200–02 (Apr. 16, 2021). Specifically,
the Commission determined to review
the FID’s findings and conclusions as to:
(1) The alleged misappropriation of TS
10, 15, and 28, including the finding
that Respondents independently
developed their own data compilation;
(2) Respondents’ alleged tortious
interference with Complainants’
prospective business advantages; and (3)
domestic industry and injury. Id. The
Commission also sought briefing from
the parties, interested government
agencies, and any other interested
parties on remedy, bonding, and the
public interest.
Having examined the record of this
investigation, including the FID,
Complainants’ petition for review, the
responses thereto, and the written
submissions in response to the
Commission’s request for briefing, the
Commission finds that no violation of
section 337 has occurred. Specifically,
the Commission affirms, with modified
reasoning, the FID’s findings that
Respondents did not misappropriate
any trade secret, did not engage in false
advertising, and did not tortiously
interfere with Complainants’
prospective business relationships. The
Commission has also determined to take
no position regarding the FID’s domestic
industry and injury findings. The
investigation is hereby terminated.
The Commission vote for this
determination took place on June 23,
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: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13791 Filed 6–28–21; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\29JNN1.SGM
29JNN1
]]>Agencies
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13791]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1175]
Certain Bone Cements and Bone Cement Accessories; Notice of
Commission Determination Finding No Violation of Section 337;
Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to affirm a final initial
determination (``FID'') issued by the presiding administrative law
judge (``ALJ'') finding that no violation of section 337 has occurred.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the 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. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 23, 2019, the Commission
instituted this investigation based on a complaint filed on behalf of
Zimmer, Inc. and Zimmer US, Inc. both of Warsaw, Indiana (collectively,
``Complainants''). 84 FR 49764 (Sept. 23, 2019). The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), based on the importation or the sale
within the United States 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 complaint also alleges the existence of a domestic industry. The
Commission's notice of investigation names the following as
respondents: Heraeus Medical GmbH of Wehrheim, Germany and Heraeus
Medical LLC of Yardley, Pennsylvania (collectively, ``Respondents'').
Id. The Office of Unfair Import Investigations (``OUII'') is named as a
party in this investigation. Id.
On February 11, 2021, the ALJ issued the FID finding no violation
of section 337. More particularly, the FID finds, inter alia, that: (1)
The Commission has subject matter and personal jurisdiction; (2)
Respondents imported or sold within the United States accused bone
cements and bone cement accessories; (3) a domestic industry exists
under section 337(a)(1)(A)(i) (19 U.S.C. 1337(a)(1)(A)(i)); (4)
Complainants own the asserted trade secrets; (5) trade secrets (``TS'')
10, 15, and 28 are protectable, but TS 11 is not protectable; (6)
Respondents did not misappropriate any asserted TS; (7) Respondents did
not engage in false advertising; (8) Respondents did not tortiously
interfere with Complainants' contracts or prospective business
relationships; and (9) Complainants failed to show a substantial injury
or threat of injury to their domestic industry.
On February 23, 2021, Complainants filed a petition for review
seeking review of most of the FID's findings. On March 3, 2021,
Respondents and OUII filed responses to Complainants' petition.
On March 15, 2021, Respondents filed a submission on the public
interest pursuant to Commission Rule 210.50(a)(4) (19 CFR
210.50(a)(4)). Complainants and OUII did not file a statement on the
public interest. The Commission received no submissions in response to
its Federal Register notice calling for public interest comments. See
86 FR 12029-30 (Mar. 1, 2021).
On April 12, 2021, the Commission determined to review the FID in
part and requested briefing from the parties on certain issues under
review. 86 FR 20200-02 (Apr. 16, 2021). Specifically, the Commission
determined to review the FID's findings and conclusions as to: (1) The
alleged misappropriation of TS 10, 15, and 28, including the finding
that Respondents independently developed their own data compilation;
(2) Respondents' alleged tortious interference with Complainants'
prospective business advantages; and (3) domestic industry and injury.
Id. The Commission also sought briefing from the parties, interested
government agencies, and any other interested parties on remedy,
bonding, and the public interest.
Having examined the record of this investigation, including the
FID, Complainants' petition for review, the responses thereto, and the
written submissions in response to the Commission's request for
briefing, the Commission finds that no violation of section 337 has
occurred. Specifically, the Commission affirms, with modified
reasoning, the FID's findings that Respondents did not misappropriate
any trade secret, did not engage in false advertising, and did not
tortiously interfere with Complainants' prospective business
relationships. The Commission has also determined to take no position
regarding the FID's domestic industry and injury findings. The
investigation is hereby terminated.
The Commission vote for this determination took place on June 23,
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: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13791 Filed 6-28-21; 8:45 am]
BILLING CODE 7020-02-P
