[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26782-26783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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 https://www.usitc.gov.

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