Notice2022-09633
Certain Botulinum Toxin Products and Processes for Manufacturing or Relating to Same; Institution of Investigation
Primary source
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Published
May 5, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 30, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Medytox Inc. of the Republic of Korea. The complaint alleges violations 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 and processes for manufacturing or relating to 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. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 87 (Thursday, May 5, 2022)</title>
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[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26782-26783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09633]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1313]
Certain Botulinum Toxin Products and Processes for Manufacturing
or Relating to Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 30, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Medytox Inc. of
the Republic of Korea. The complaint alleges violations 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 and processes for manufacturing or
relating to 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. The complainant
requests that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#3f7a7b766c0c775a534f7f4a4c564b5c11585049"><span class="__cf_email__" data-cfemail="8fcacbc6dcbcc7eae3ffcffafce6fbeca1e8e0f9">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, the Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
[[Page 26783]]
SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered
the complaint, the U.S. International Trade Commission, on April 29,
2022, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(A) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) 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;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``botulinum toxin drug
products'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is/are: Medytox Inc., 78, Gangni 1-gil, Ochang-
eup, Cheongwon-gu, Cheongju-si, Chungcheongbuk-do, Republic of Korea.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served: Hugel, Inc., 7, Samseong-ro 133-gil, Gangnam-gu,
Seoul, Republic of Korea; Hugel America, Inc., 9070 Irvine Center
Drive, Suite 135, Irvine, California 92618; Croma Pharma GmbH,
Cromazeile 2, 2100 Leobendorf, Austria.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant 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.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021).
By order of the Commission.
Issued: May 2, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-09633 Filed 5-4-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on May 5, 2022.
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