[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46711-46712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16724]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1145]
Certain Botulinum Toxin Products, Processes for Manufacturing or
Relating to Same and Certain Products Containing Same; Notice of
Request for Statements on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the presiding administrative law
judge has issued a Final Initial Determination on Section 337 Violation
and a Recommended Determination on Remedy and Bonding in the above-
captioned investigation. The Commission is soliciting comments on
public interest issues raised by the recommended relief, should the
Commission find a violation. This notice is soliciting public interest
comments from the public only. Parties are to file public interest
submissions pursuant to Commission rules.
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: Section 337 of the Tariff Act of 1930
(``Section 337'') provides that if the Commission finds a violation it
shall exclude the articles concerned from the United States unless the
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such
action. A similar provision applies to cease and desist orders. 19
U.S.C. 1337(f)(1).
The Commission is soliciting comments on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically whether the Commission should issue: (1) A
limited exclusion order (``LEO'') against certain botulinum toxin
products that are imported, sold for importation, and/or sold after
importation by respondents Daewoong Pharmaceuticals Co., Ltd. of Seoul,
South Korea (``Daewoong'') and Evolus, Inc. of Irvine, California
(``Evolus''); and (2) a cease and desist order (``CDO'') against
Evolus.
The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, parties are
to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In
addition, members of the public are hereby invited to file submissions
of no more than five (5) pages, inclusive of attachments, concerning
the public interest in light of the administrative law judge's
[[Page 46712]]
Recommended Determination on Remedy and Bonding issued in this
investigation on July 6, 2020. Comments should address whether issuance
of the LEO and CDO in this investigation, should the Commission find a
violation, would affect the public health and welfare in the United
States, competitive conditions in the United States economy, the
production of like or directly competitive articles in the United
States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the recommended
orders are used in the United States;
(ii) Identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) Identify like or directly competitive articles that
complainants, their licensees, or third parties make in the United
States which could replace the subject articles if they were to be
excluded;
(iv) Indicate whether complainants, complainants' licensees, and/or
third party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended exclusion order and/or
a cease and desist order within a commercially reasonable time; and
(v) Explain how the LEO and CDO would impact consumers in the
United States.
Written submissions from the public must be filed no later than by
close of business on August 18, 2020.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1145'') in a prominent place on
the cover page and/or the first page. See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf. Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All non-confidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
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: July 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16724 Filed 7-31-20; 8:45 am]
BILLING CODE 7020-02-P