[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