Certain Bone Cements and Bone Cement Accessories; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 34278 [2021-13791]

Download as PDF 34278 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]


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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.

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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