Notice2024-23912
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 2024
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)</title>
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[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83700-83701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#e1a4a5a8b2d2a9848d91a19492889582cf868e97"><span class="__cf_email__" data-cfemail="7431303d27473c1118043401071d00175a131b02">[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
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
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