34278 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices 

considered by the Commission if 

received not later than 20 days after the 

date of service 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. 

By order of the Commission. 

Issued: June 23, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–13789 Filed 6–28–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1175] 

Certain Bone Cements and Bone 

Cement Accessories; Notice of 

Commission Determination Finding No 

Violation of Section 337; Termination 

of the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined to affirm a final initial 

determination (‘‘FID’’) issued by the 

presiding administrative law judge 

(‘‘ALJ’’) finding that no violation of 

section 337 has occurred. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Lynde Herzbach, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3228. 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 

EDIS3Help@usitc.gov. 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, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: On 

September 23, 2019, the Commission 

instituted this investigation based on a 

complaint filed on behalf of Zimmer, 

Inc. and Zimmer US, Inc. both of 

Warsaw, Indiana (collectively, 

‘‘Complainants’’). 84 FR 49764 (Sept. 

23, 2019). The complaint alleges 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

(‘‘section 337’’), based on the 

importation or the sale within the 

United States of certain bone cements 

and bone cement accessories by reason 

of the misappropriation of trade secrets, 

false advertising, and tortious 

interference, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States. 

The complaint also alleges the existence 

of a domestic industry. The 

Commission’s notice of investigation 

names the following as respondents: 

Heraeus Medical GmbH of Wehrheim, 

Germany and Heraeus Medical LLC of 

Yardley, Pennsylvania (collectively, 

‘‘Respondents’’). Id. The Office of Unfair 

Import Investigations (‘‘OUII’’) is named 

as a party in this investigation. Id. 

On February 11, 2021, the ALJ issued 

the FID finding no violation of section 

337. More particularly, the FID finds, 

inter alia, that: (1) The Commission has 

subject matter and personal jurisdiction; 

(2) Respondents imported or sold within 

the United States accused bone cements 

and bone cement accessories; (3) a 

domestic industry exists under section 

337(a)(1)(A)(i) (19 U.S.C. 

1337(a)(1)(A)(i)); (4) Complainants own 

the asserted trade secrets; (5) trade 

secrets (‘‘TS’’) 10, 15, and 28 are 

protectable, but TS 11 is not protectable; 

(6) Respondents did not misappropriate 

any asserted TS; (7) Respondents did 

not engage in false advertising; (8) 

Respondents did not tortiously interfere 

with Complainants’ contracts or 

prospective business relationships; and 

(9) Complainants failed to show a 

substantial injury or threat of injury to 

their domestic industry. 

On February 23, 2021, Complainants 

filed a petition for review seeking 

review of most of the FID’s findings. On 

March 3, 2021, Respondents and OUII 

filed responses to Complainants’ 

petition. 

On March 15, 2021, Respondents filed 

a submission on the public interest 

pursuant to Commission Rule 

210.50(a)(4) (19 CFR 210.50(a)(4)). 

Complainants and OUII did not file a 

statement on the public interest. The 

Commission received no submissions in 

response to its Federal Register notice 

calling for public interest comments. 

See 86 FR 12029–30 (Mar. 1, 2021). 

On April 12, 2021, the Commission 

determined to review the FID in part 

and requested briefing from the parties 

on certain issues under review. 86 FR 

20200–02 (Apr. 16, 2021). Specifically, 

the Commission determined to review 

the FID’s findings and conclusions as to: 

(1) The alleged misappropriation of TS 

10, 15, and 28, including the finding 

that Respondents independently 

developed their own data compilation; 

(2) Respondents’ alleged tortious 

interference with Complainants’ 

prospective business advantages; and (3) 

domestic industry and injury. Id. 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 FID, 

Complainants’ petition 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 affirms, with modified 

reasoning, the FID’s findings that 

Respondents did not misappropriate 

any trade secret, did not engage in false 

advertising, and did not tortiously 

interfere with Complainants’ 

prospective business relationships. The 

Commission has also determined to take 

no position regarding the FID’s domestic 

industry and injury findings. The 

investigation is hereby terminated. 

The Commission vote for this 

determination took place on June 23, 

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: June 23, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–13791 Filed 6–28–21; 8:45 am] 

BILLING CODE 7020–02–P 


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