7020-02
INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
AGENCY: International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received a
complaint entitled Certain Photodynamic Therapy Systems, Components Thereof, and Pharmaceutical
Products Used in Combination with the Same, DN 3758; the Commission is soliciting comments on any
public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules
of Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S.
International Trade Commission, 500 E Street S.W., Washington, D.C. 20436, telephone (202) 205-2000.
The public version of the complaint can be accessed on the Commission's Electronic Document
Information System (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
United States International Trade Commission (USITC) at https://www.usitc.gov . The public record for
this investigation may be viewed on the Commission's Electronic Document Information System (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: The Commission has received a complaint and a submission
pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Sun
Pharmaceutical Industries, Inc. on June 26, 2024. The complaint alleges violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain photodynamic therapy systems,
components thereof, and pharmaceutical products used in combination with the same. The complaint
names as respondents: Biofrontera Inc. of Woburn, MA; Biofrontera Pharma GMBH of Germany;
Biofrontera Bioscience GMBH of Germany; and Biofrontera AG of Germany. The complainant requests
that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon

respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19
U.S.C. 1337(j).
Proposed respondents, other interested parties, members of the public, and interested government
agencies are invited to file comments on any public interest issues raised by the complaint or § 210.8(b)
filing. Comments should address whether issuance of the relief specifically requested by the complainant
in this investigation 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 requested remedial orders are used in
the United States;

(ii)

identify any public health, safety, or welfare concerns in the United States relating to the
requested remedial orders;

(iii)

identify like or directly competitive articles that complainant, its licensees, or third parties
make in the United States which could replace the subject articles if they were to be
excluded;

(iv)

indicate whether complainant, complainant's licensees, and/or third party suppliers have
the capacity to replace the volume of articles potentially subject to the requested
exclusion order and/or a cease and desist order within a commercially reasonable time;
and

(v)

explain how the requested remedial orders would impact United States consumers.

Written submissions on the public interest must be filed no later than by close of business, eight calendar
days after the date of publication of this notice in the Federal Register. There will be further opportunities
for comment on the public interest after the issuance of any final initial determination in this
investigation. Any written submissions on other issues must also be filed by no later than the close of
business, eight calendar days after publication of this notice in the Federal Register. Complainant may file
replies to any written submissions no later than three calendar days after the date on which any initial
submissions were due, notwithstanding § 201.14(a) of the Commission’s Rules of Practice and Procedure.

No other submissions will be accepted, unless requested by the Commission. Any submissions and replies
filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments.
Persons filing written submissions must file the original document electronically on or before the
deadlines stated above. Submissions should refer to the docket number (“Docket No. 3758”) in a
prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures,
Electronic Filing Procedures1). 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 paper-based filings or paper copies of any electronic filings
will be accepted until further notice. Persons with questions regarding filing should contact the Secretary
at EDIS3Help@usitc.gov.
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
personnel2, solely for cybersecurity purposes. All nonconfidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS3.
This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C.
1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR
201.10, 210.8(c)).
By order of the Commission.

Handbook for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf
2 All contract personnel will sign appropriate nondisclosure agreements.
3 Electronic Document Information System (EDIS): https://edis.usitc.gov
Issued: June 26, 2024.

Lisa Barton,
Secretary to the Commission.

[FR Doc. 2024-14523 Filed: 7/1/2024 8:45 am; Publication Date: 7/2/2024]