Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices 83611 

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 

and sale in the United States 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 Daewoong and Evolus as 

respondents in this investigation. See 

id. The Office of Unfair Import 

Investigations is also a party to the 

investigation. See id. 

On July 6, 2020, the Administrative 

Law Judge (‘‘ALJ’’) issued a final initial 

determination (‘‘FID’’) finding a 

violation of section 337 based on the 

importation and sale in the United 

States of Respondents’ botulinum 

neurotoxin products by reason of the 

misappropriation of trade secrets, the 

threat or effect of which is to destroy or 

substantially injure an industry in the 

United States. See FID at 273. The ALJ 

issued a recommended determination 

(‘‘RD’’) recommending that, if a 

violation is found, the Commission 

issue: (1) An LEO barring entry of 

certain botulinum toxin products that 

are imported and/or sold by 

respondents Daewoong and Evolus; and 

(2) a CDO against Evolus. The RD also 

recommends that the Commission 

impose a bond based on price 

differential during the period of 

Presidential review. 

On July 28, 2020, the Commission 

issued a notice requesting statements on 

the public interest. See 85 FR 46711 

(Aug. 3, 2020) (‘‘the PI Notice’’). On 

August 17–18, 2020, several non-parties 

filed submissions in response to the PI 

Notice. 

On September 21, 2020, the 

Commission issued a notice 

determining to review the FID in part. 

See 85 FR 60489–90 (Sept. 25, 2020) 

(‘‘the WTR/Remedy Notice’’). 

Specifically, the Commission 

determined to review the FID’s findings 

with respect to subject matter 

jurisdiction, standing, trade secret 

existence and misappropriation, and 

domestic industry, including the 

existence of such domestic industry as 

well as any actual or threatened injury 

thereto. See id. The Commission 

determined not to review the remainder 

of the FID. See id. The Commission’s 

notice also requested written 

submissions on remedy, the public 

interest, and bonding. See id. 

On October 9, 2020, the parties, 

including the IA, filed written 

submissions in response to the WTR/ 

Remedy Notice, and on October 16, 

2020, the parties filed responses to each 

other’s submissions. In addition, on 

October 5–9, 2020, several non-parties 

filed submissions on the proposed 

remedy and/or the public interest in 

response to the WTR/Remedy Notice. 

Having examined the record of this 

investigation, including the FID, the RD, 

and the parties’ and non-parties’ 

submissions, the Commission has 

determined to affirm the FID in part and 

reverse in part. Specifically, as 

explained in the Commission Opinion 

filed concurrently herewith, the 

Commission has determined to affirm 

with modification the FID’s findings 

with respect to subject matter 

jurisdiction, standing, domestic 

industry as to BOTOX®, and trade secret 

existence and misappropriation as it 

relates to Medytox’s manufacturing 

processes. The Commission has also 

determined to reverse the FID’s finding 

that a trade secret exists with respect to 

Medytox’s bacterial strain. All findings 

in the FID that are not inconsistent with 

the Commission’s determination are 

affirmed. 

Accordingly, the Commission finds 

that there is a violation of section 337. 

The Commission has determined that 

the appropriate remedy is an LEO 

against Respondents’ botulinum toxin 

products, and a CDO against Evolus, 

barring Respondents’ unfair acts for a 

duration of 21 months. The Commission 

has also determined that the public 

interest factors enumerated in 

subsections 337(d)(1) and (f)(1) (19 

U.S.C. 1337(d)(1), (f)(1)) do not preclude 

the issuance of the LEO and CDO. The 

Commission has further determined to 

set a bond during the period of 

Presidential review in an amount of 

$441 per 100U vial of Respondents’ 

accused products. 

The Commission’s orders and opinion 

were delivered to the President and to 

the United States Trade Representative 

on the day of their issuance. 

The investigation is terminated. 

The Commission’s vote on this 

determination took place on December 

16, 2020. 

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: December 16, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–28158 Filed 12–21–20; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–649 and 731– 

TA–1523 (Final)] 

Twist Ties From China; Scheduling of 

the Final Phase of Countervailing Duty 

and Antidumping Duty Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping and 

countervailing duty investigation Nos. 

701–TA–649 and 731–TA–1523 (Final) 

pursuant to the Tariff Act of 1930 (‘‘the 

Act’’) to determine whether an industry 

in the United States is materially 

injured or threatened with material 

injury, or the establishment of an 

industry in the United States is 

materially retarded, by reason of 

imports of twist ties from China, 

provided for in subheadings 

8309.90.0000 and 5609.00.3000 of the 

Harmonized Tariff Schedule of the 

United States, preliminarily determined 

by the Department of Commerce 

(‘‘Commerce’’) to be subsidized and sold 

at less-than-fair-value. 

DATES: December 3, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Christopher W. Robinson ((202) 205– 

2542), Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436. 

Hearing-impaired persons can obtain 

information on this matter 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 (https://

www.usitc.gov). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Scope.—For purposes of these 

investigations, Commerce has defined 

the subject merchandise as twist ties, 

which are thin, bendable ties for closing 

containers, such as bags, bundle items, 

or identifying objects. A twist tie in 


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83612 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices 

most circumstances is comprised of one 

or more metal wires encased in a 

covering material, which allows the tie 

to retain its shape and bind against 

itself. However, it is possible to make a 

twist tie with plastic and no metal 

wires. The metal wire that is generally 

used in a twist tie is stainless or 

galvanized steel and typically measures 

between the gauges of 19 (.0410′′ 

diameter) and 31 (.0132′′) (American 

Standard Wire Gauge). A twist tie 

usually has a width between .075′′ and 

1′′ in the cross-machine direction (width 

of the tie—measurement perpendicular 

with the wire); a thickness between 

.015′′ and .045′′ over the wire; and a 

thickness between .002′′ and .020′′ in 

areas without wire. The scope includes 

an all-plastic twist tie containing a 

plastic core as well as a plastic covering 

(the wing) over the core, just like paper 

and/or plastic in a metal tie. An allplastic twist tie (without metal wire) 

would be of the same measurements as 

a twist tie containing one or more metal 

wires. Twist ties are commonly 

available individually in pre-cut lengths 

(‘‘singles’’), wound in large spools to be 

cut later by machine or hand, or in 

perforated sheets of spooled or single 

twist ties that are later slit by machine 

or by hand (‘‘gangs’’). 

The covering material of a twist tie 

may be paper (metallic or plain), or 

plastic, and can be dyed in a variety of 

colors with or without printing. A twist 

tie may have the same covering material 

on both sides or one side of paper and 

one side of plastic. When comprised of 

two sides of paper, the paper material is 

bound together with an adhesive or 

plastic. A twist tie may also have a tag 

or label attached to it or a pre-applied 

adhesive attached to it. 

Excluded from the scope of the order 

are twist ties packaged with bags for sale 

together where the quantity of twist ties 

does not exceed twice the number of 

bags in each package. Also excluded are 

twists ties that constitute part of the 

packaging of the imported product, for 

example, merchandise anchored/ 

secured to a backing with twist ties in 

the retail package or a bag of bread that 

is closed with a twist tie. 

Twist ties are imported into the 

United States under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 8309.90.00 and 5609.00.30. 

Subject merchandise may also be 

imported under HTSUS subheadings 

3920.51.5000, 3923.90.0080, 

3926.90.9990, 4811.59.6000, 

4821.10.2000, 4821.10.4000, 

4821.90.2000, 4821.90.4000, and 

4823.90.8600. These HTSUS 

subheadings are provided for reference 

only. The written description of the 

scope of the investigation is dispositive. 

Background.—The final phase of 

these investigations is being scheduled 

pursuant to sections 705(b) and 731(b) 

of the Tariff Act of 1930 (19 U.S.C. 

1671d(b) and 1673d(b)), as a result of 

affirmative preliminary determinations 

by Commerce that certain benefits 

which constitute subsidies within the 

meaning of § 703 of the Act (19 U.S.C. 

1671b) are being provided to 

manufacturers, producers, or exporters 

in China of twist ties, and that such 

products are being sold in the United 

States at less than fair value within the 

meaning of § 733 of the Act (19 U.S.C. 

1673b). The investigations were 

requested in petitions filed on June 26, 

2020, by Bedford Industries Inc., 

Worthington, Minnesota. 

For further information concerning 

the conduct of this phase of the 

investigations, hearing procedures, and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A and C (19 CFR part 207). 

Participation in the investigations and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

§ 201.11 of the Commission’s rules, no 

later than 21 days prior to the hearing 

date specified in this notice. A party 

that filed a notice of appearance during 

the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Please note the Secretary’s Office will 

accept only electronic filings during this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

§ 207.7(a) of the Commission’s rules, the 

Secretary will make BPI gathered in the 

final phase of these investigations 

available to authorized applicants under 

the APO issued in the investigations, 

provided that the application is made 

no later than 21 days prior to the 

hearing date specified in this notice. 

Authorized applicants must represent 

interested parties, as defined by 19 

U.S.C. 1677(9), who are parties to the 

investigations. A party granted access to 

BPI in the preliminary phase of the 

investigations need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff report.—The prehearing staff 

report in the final phase of these 

investigations will be placed in the 

nonpublic record on February 2, 2021, 

and a public version will be issued 

thereafter, pursuant to § 207.22 of the 

Commission’s rules. 

Hearing.— The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on February 16, 2021. 

Information about the place and form of 

the hearing, including about how to 

participate in and/or view the hearing, 

will be posted on the Commission’s 

website at https://www.usitc.gov/ 

calendarpad/calendar.html. Interested 

parties should check the Commission’s 

website periodically for updates. 

Requests to appear at the hearing should 

be filed in writing with the Secretary to 

the Commission on or before February 

9, 2021. A nonparty who has testimony 

that may aid the Commission’s 

deliberations may request permission to 

present a short statement at the hearing. 

All parties and nonparties desiring to 

appear at the hearing and make oral 

presentations should attend a 

prehearing conference to be held at 9:30 

a.m. on February 11, 2021. Oral 

testimony and written materials to be 

submitted at the public hearing are 

governed by sections 201.6(b)(2), 

201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of § 207.23 of the 

Commission’s rules; the deadline for 

filing is February 9, 2021. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in § 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of § 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is February 25, 

2021. In addition, any person who has 


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Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Notices 83613 

not entered an appearance as a party to 

the investigations may submit a written 

statement of information pertinent to 

the subject of the investigations, 

including statements of support or 

opposition to the petition, on or before 

February 25, 2021. On March 16, 2021, 

the Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before March 18, 2021, but such final 

comments must not contain new factual 

information and must otherwise comply 

with § 207.30 of the Commission’s rules. 

All written submissions must conform 

with the provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 201.6, 207.3, and 

207.7 of the Commission’s rules. The 

Commission’s Handbook on Filing 

Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. 

Additional written submissions to the 

Commission, including requests 

pursuant to § 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with §§ 201.16(c) and 

207.3 of the Commission’s rules, each 

document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to § 207.21 of the Commission’s 

rules. 

By order of the Commission. 

Issued: December 16, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–28140 Filed 12–21–20; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—CHEDE–8 

Notice is hereby given that, on 

December 15, 2020, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

CHEDE–8 (‘‘CHEDE–8’’) has filed 

written notifications simultaneously 

with the Attorney General and the 

Federal Trade Commission disclosing 

changes in its membership. The 

notifications were filed for the purpose 

of extending the Act’s provisions 

limiting the recovery of antitrust 

plaintiffs to actual damages under 

specified circumstances. Specifically, 

Caterpillar, Inc., Peoria, IL, has been 

added as a party to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and CHEDE–8 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On December 4, 2019, CHEDE–8 filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to Section 

6(b) of the Act on December 30, 2019 

(84 FR 71977). 

The last notification was filed with 

the Department on October 20, 2020. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on November 19, 2020 (85 FR 

73751). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2020–28141 Filed 12–21–20; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—IMS Global Learning 

Consortium, Inc. 

Notice is hereby given that, on 

December 3, 2020, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS 

Global Learning Consortium, Inc. (‘‘IMS 

Global’’) has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, Australian Council for 

Educational Research, Camberwell, 

AUSTRALIA; ClassEDU Inc., Raleigh, 

NC; GreenLight Credentials, Dallas, TX; 

Magic Software Inc., New York, NY; 

Manabie International Pte Ltd, 

Singapore, SINGAPORE; Richland 

School District No. 2, Columbia, SC; and 

Virtual Virginia, Floyd, VA, have been 

added as parties to this venture. 

Also, IBM, Cambridge, MA; Paradigm, 

Inc., Virginia Beach, VA; Badgewell, 

Giza, EGYPT; VidGrid, St. Paul, MN; 

and Unox Portal (Pragnya Technologies 

Pty), Sydney, AUSTRALIA, have 

withdrawn as parties to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and IMS Global 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On April 7, 2000, IMS Global filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on September 13, 2000 (65 FR 

55283). 

The last notification was filed with 

the Department on September 16, 2020. 

A notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on October 15, 2020 (85 FR 65426). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2020–28138 Filed 12–21–20; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–758] 

Importer of Controlled Substances 

Application: Fresenius Kabi USA, LLC 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application. 

SUMMARY: Fresenius Kabi USA, LLC has 

applied to be registered as an importer 

of basic class(es) of controlled 

substance(s). Refer to SUPPLEMENTAL

INFORMATION listed below for further 

drug information. 


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