[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Page 5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00996]



[[Page 5249]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1153]


Certain Bone Cements, Components Thereof and Products Containing 
the Same; Notice of Commission Determination Finding No Violation of 
Section 337; Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to affirm in part, reverse 
in part, and vacate in part the final initial determination's (``ID'') 
finding that no violation of section 337 has occurred. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 
<a href="/cdn-cgi/l/email-protection#d792939e84e49fb2bba797a2a4bea3b4f9b0b8a1"><span class="__cf_email__" data-cfemail="c386878a90f08ba6afb383b6b0aab7a0eda4acb5">[email protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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, ``Complainants''). 84 FR 14394-95 (Apr. 10, 2019). The 
complaint alleges a violation of section 337 of the Tariff Act of 1930, 
as amended, by reason of misappropriation of trade secrets, the threat 
or effect of which is to destroy or substantially injure an industry in 
the United States or to prevent the establishment of such an industry. 
The complaint named the following 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'') also was named as a party.
    The investigation has 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), and as to 
certain accused products, Order No. 30 (Nov. 24, 2019), unreviewed, 
Notice (Dec. 10, 2019). Also, the first amended complaint and notice of 
investigation were amended to add three entities as respondents: Zimmer 
US, Inc.; Zimmer, GmbH; and Biomet Manufacturing, LLC. Order No. 18 
(June 26, 2019), unreviewed, 84 FR 35884-85 (July 25, 2019). The 
remaining respondents are referred to collectively herein as ``Zimmer 
Biomet.''
    On May 6, 2020, the presiding administrative law judge (``ALJ'') 
issued the final ID, which found that Zimmer Biomet did not violate 
section 337. On May 18, 2020, the parties filed petitions for review of 
the final ID.
    On July 13, 2020, the Commission determined to review in part the 
final ID and requested briefing from the parties on the issues under 
review. In particular, the Commission determined to review the 
following: (1) The ALJ's findings and conclusions as to TS 1-35 and 
121-23; and (2) the ALJ's domestic industry findings, including whether 
there has been a substantial injury to the alleged domestic industry. 
The Commission also sought briefing from the parties, interested 
government agencies, and any other interested parties on remedy, 
bonding, and the public interest.
    Having examined the record of this investigation, including the 
final ID, the petitions for review, the responses thereto, and the 
written submissions in response to the Commission's request for 
briefing, the Commission finds that no violation of section 337 has 
occurred. Specifically, the Commission finds that the Complainants did 
not establish that an industry in the United States exists as required 
by section 337(a)(1)(A)(i) and therefore did not establish injury to a 
domestic industry. The investigation is hereby terminated.
    The Commission vote for this determination took place on January 
12, 2021.
    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: January 12, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-00996 Filed 1-15-21; 8:45 am]
BILLING CODE 7020-02-P


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