[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35884-35885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15760]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1153]


Certain Bone Cements, Components Thereof and Products Containing 
the Same; Commission Determination Not To Review an Initial 
Determination Granting Complainants' Renewed Motion for Leave To Amend 
the First Amended Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

[[Page 35885]]


ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 18) of the presiding Administrative Law Judge 
(``ALJ'') granting complainants' renewed motion for leave to amend the 
first amended complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.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 April 10, 2019, based on a complaint filed by Heraeus Medical LLC of 
Yardley, Pennsylvania, and Heraeus Medical GmbH of Wehrheim, Germany 
(collectively, ``Heraeus''). 84 FR 14394-95 (Apr. 10, 2019). The 
complaint alleges a violation of section 337 by reason of 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure a domestic industry in the United 
States or to prevent the establishment of such an industry. The 
complaint named as respondents Zimmer Biomet Holdings, Inc. of Warsaw, 
Indiana; Biomet, Inc. of Warsaw, Indiana; Zimmer Orthopaedic Surgical 
Products, Inc. of Dover, Ohio; Zimmer Surgical, Inc. of Dover, Ohio; 
Biomet France S.A.R.L. of Valence, France; Biomet Deutschland GmbH of 
Berlin, Germany; Zimmer Biomet Deutschland GmbH of Freiburg im 
Breisgau, Germany; Biomet Europe B.V. of Dordrecht, Netherlands; Biomet 
Global Supply Chain Center B.V. of Dordrecht, Netherlands; Zimmer 
Biomet Nederland B.V. of Dordrecht, Netherlands; Biomet Orthopedics, 
LLC of Warsaw, Indiana; and Biomet Orthopaedics Switzerland GmbH of 
Dietikon, Switzerland. The Commission's Office of Unfair Import 
Investigations (``OUII'') was named as a party. Subsequently, the 
investigation was terminated as to respondents Zimmer Orthopaedic 
Surgical Products, Inc. and Biomet Europe B.V. Order No. 10 (May 23, 
2019), unreviewed Notice (June 14, 2019).
    On June 17, 2019, complainants Heraeus moved for leave to amend the 
first amended complaint and notice of investigation to add three 
entities as respondents: Zimmer US, Inc. of Warsaw, Indiana; Zimmer, 
GmbH of Winterthur, Switzerland; and Biomet Manufacturing, LLC of 
Warsaw, Indiana. On June 21, 2019, respondents Zimmer Biomet Holdings, 
Inc.; Biomet, Inc.; Zimmer Surgical, Inc.; Biomet France S.A.R.L.; 
Biomet Deutschland GmbH; Zimmer Biomet Deutschland GmbH; Biomet Global 
Supply Chain Center B.V.; Zimmer Biomet Nederland B.V.; Biomet 
Orthopedics, LLC; and Biomet Orthopaedics Switzerland GmbH 
(collectively, ``Biomet'') filed a response not opposing the motion to 
add the three entities. On June 25, 2019, OUII also filed a response 
supporting the motion.
    On June 26, 2019, the ALJ issued the subject ID Commission Rule 
210.14(b)(1) (19 CFR 210.14(b)(1)), granting the motion. The ALJ found 
that respondents' motion complies with the Commission's rules. ID at 2. 
The ALJ also found that there is no dispute over Heraeus's claim that 
it did not know nor should have known of the three entities' roles in 
the sale for importation, importation, and/or sale after importation of 
the accused products in this investigation prior to Biomet's discovery 
responses. Id. at 2-3. The ALJ found that such a circumstance 
constitutes the requisite good cause. Id. at 3. The ALJ further found 
that the certificate of service appended to Heraeus's motion indicates 
the three entities were served with the motion in accordance with 
Commission Rule 210.14(b) (19 CFR 210.14(b)). Id. (citing Mot. Mem. at 
12.) The ALJ also found no prejudice to the public interest or to the 
rights of the parties to the investigation would result from granting 
the motion. Id. No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID.
    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: July 19, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-15760 Filed 7-24-19; 8:45 am]
 BILLING CODE 7020-02-P