[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26068-26069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09990]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1145 (Bond Return)]


Certain Botulinum Toxin Products, Processes for Manufacturing or 
Relating to Same and Certain Products Containing Same; Notice of 
Commission Decision Not To Review an Initial Determination Granting an 
Unopposed Motion for Return of Bond; Return of Bond

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 not to review an initial determination 
(``ID'') of the presiding Administrative Law Judge (``ALJ'') granting 
an unopposed motion of respondent Evolus, Inc. (``Evolus'') for the 
return of the bond it paid under the cease and desist order (``CDO'') 
during the period of Presidential review. The bond is returned to 
Evolus.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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: On March 6, 2019, the Commission instituted 
this investigation under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Medytox Inc. (``Medytox'') of Seoul, South Korea; Allergan plc of 
Dublin, Ireland; and Allergan, Inc. of Irvine, California 
(collectively, ``Complainants''). See 84 FR 8112-13 (Mar. 6, 2019). The 
complaint, as supplemented, alleges a violation 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, processes for manufacturing or relating to 
same and certain products containing same 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. See id. 
The notice of investigation names as respondents Daewoong 
Pharmaceuticals Co., Ltd. (``Daewoong'') of Seoul, Republic of Korea 
and Evolus of Irvine, California (collectively, ``Respondents''). See 
id. The Office of Unfair Import Investigations (``OUII'') was also a 
party to the investigation. See id.
    On July 6, 2020, the ALJ issued a final initial determination 
(``FID'') finding a violation of section 337 based on the 
misappropriation of Complainants' asserted trade secrets (including the 
Medytox bacterial strain and Medytox manufacturing processes), the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States. On September 21, 2020, the Commission 
issued a notice determining to review the FID in part. See 85 FR 60489-
90 (Sept. 25, 2020).
    On December 16, 2020, the Commission found a violation of section 
337 based on the misappropriation of Complainants' trade secrets 
(including the Medytox manufacturing processes but not the Medytox 
bacterial strain). See 85 FR 83610-11 (Dec. 22, 2020). The Commission 
issued a limited exclusion order against certain botulinum neurotoxin 
products that are imported and/or sold by Respondents Daewoong and 
Evolus and a CDO against Evolus. See id. The Commission also set a bond 
during the period of Presidential review in an amount of $441 per 100U 
vial of Respondents' accused products. See id.
    On February 12, 2021, Complainants filed an appeal from the 
Commission's final determination with the Federal Circuit. On the same 
day, Respondents also filed an appeal from the Commission's final 
determination of a violation of section 337. On February 18, 2021, 
Complainants and Evolus (``Settling Parties'') announced that they 
reached a settlement agreement to resolve all pending issues between 
them.
    On March 3, 2021, the Settling Parties filed a joint petition to 
rescind the LEO and CDO based on the settlement agreements between 
Complainants and Evolus. No party opposed the joint petition. On May 3, 
2021, the Commission rescinded the remedial orders issued in this 
investigation based on the settlement agreements. Comm'n Notice (May 3, 
2021).
    On February 25, 2021, Evolus filed an unopposed motion, pursuant to 
Commission Rule 210.50(d) (19 CFR 210.50(d)), for the return of the 
bond it paid under the CDO during the period of Presidential review. On 
February 26, 2021, the motion was amended to reflect Daewoong's consent 
to the motion. On March 4, 2021, OUII filed a response in support of 
the motion.
    On March 31, 2021, the ALJ issued the subject ID granting the 
motion. The ID notes that the motion was filed within 90 days of the 
expiration of the period of Presidential review, in compliance with 
Commission Rule 210.50(d)(1)(ii) (19 CFR 210.50(d)(1)(ii)). See ID at 
2. The ID also finds no substantive or procedural reason to deny the 
return of the bond to Evolus. See id. No petition for review of the 
subject ID was filed.
    The Commission has determined not to review the subject ID. The 
bond is returned to Evolus.
    The Commission's vote on this determination took place on May 6, 
2021.
    The authority for the Commission's determination is contained in 
section

[[Page 26069]]

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: May 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09990 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P