Notice2021-13791
Certain Bone Cements and Bone Cement Accessories; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Primary source
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Published
June 29, 2021
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#84c1c0cdd7b7cce1e8f4c4f1f7edf0e7aae3ebf2"><span class="__cf_email__" data-cfemail="93d6d7dac0a0dbf6ffe3d3e6e0fae7f0bdf4fce5">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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
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