Certain Botulinum Toxin Products and Processes for Manufacturing or Relating to Same; Notice of a Commission Determination To Review in Part and, on Review, To Affirm With Modifications a Final Initial Determination Finding No Violation of Section 337; and To Deny a Request for Oral Argument; Termination of Investigation, 83700-83701 [2024-23912]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83700-83701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23912]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1313]


Certain Botulinum Toxin Products and Processes for Manufacturing 
or Relating to Same; Notice of a Commission Determination To Review in 
Part and, on Review, To Affirm With Modifications a Final Initial 
Determination Finding No Violation of Section 337; and To Deny a 
Request for Oral Argument; Termination of 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 has determined to review in part and, on review, to affirm 
with modification a final initial determination (``Final ID'') of the 
presiding administrative law judge (``ALJ''). The Commission has also 
determined to deny the complainant's request for oral argument. This 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 5, 2022, based on a complaint filed on behalf of Medytox Inc. of 
the Republic of Korea (``Medytox''). 87 FR 26782, 26873 (May 5, 2022). 
The complaint alleged violations of subsection (a)(1)(A) of section 337 
based on the importation into the United States or the sale of certain 
botulinum toxin products and processes for manufacturing or relating to 
the same by reason of theft and conversion and misappropriation of 
trade secrets, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. Id. The notice 
of investigation named as respondents Hugel, Inc. of the Republic of 
Korea; Hugel America, Inc. of Irvine, California (together, ``Hugel''); 
and Croma Pharma GmbH of Leobendorf, Austria (``Croma,'' and together 
with Hugel, ``Respondents''). Id. The Office of Unfair Import 
Investigations (``OUII'') is participating in this investigation. Id.
    On February 6, 2024, the investigation was terminated as to 
Medytox's misappropriation of trade secrets allegations. Order No. 39 
(Jan. 22, 2024), unreviewed by Comm'n Notice, (Feb. 6, 2024).
    On June 10, 2024, the ALJ issued the Final ID. On June 24, 2024, 
Medytox filed a petition for Commission review of the Final ID that 
also included a request for oral argument, and Respondents filed a 
contingent petition for Commission review of the Final ID. On July 2, 
2024, or July 8, 2024, the parties filed responses to the petitions. On 
July 10, 2024, the private parties filed their public interest 
statements pursuant to 19 CFR 210.50(a)(4). Issues not raised in the 
petitions for review are deemed to have been abandoned (including 
Respondents' assertion in their public interest statement but omitted 
from their petition for review that Medytox's alleged unfair act of 
conversion lacks a nexus to importation of the accused products). See 
19 CFR 210.43.
    Having reviewed the record of the investigation, including the 
Final ID, the parties' submissions to the ALJ, and the petitions for 
review and responses thereto, the Commission has determined to review 
the Final ID in part. Specifically, the Commission has determined to 
review the Final ID's findings and conclusions regarding jurisdiction, 
conversion, importation, and the domestic industry and injury 
requirements. The Commission has determined not to review the remainder 
of the Final ID.
    On review, the Commission modifies the Final ID's finding that the 
Commission has jurisdiction over this investigation by clarifying that 
the Commission has statutory authority. Additionally, the Commission 
affirms, with modifications, the Final ID's conclusion that Medytox did 
not show by a preponderance of the evidence that Respondents converted 
Medytox's property.
    Further, the Commission takes no position on whether Medytox 
satisfied the domestic industry and injury requirements and whether 
Medytox satisfied the importation requirement. The Commission issues 
its opinion herewith setting forth its reasoning. The Commission has 
also determined to deny the complainant's request for oral

[[Page 83701]]

argument. This investigation is terminated.
    The Commission vote for this determination took place on October 
10, 2024.
    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: October 10, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23912 Filed 10-16-24; 8:45 am]
BILLING CODE 7020-02-P