[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Notices]
[Page 67936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31437]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 99-27]
Johnson Matthey, Inc., West Deptford, New Jersey; Notice of
Administrative Hearing, Summary of Comments and Objections
Notice of Hearing
This Notice of Administrative Hearing, Summary of Comments and
Objections, regarding the application of Johnson Matthey, Inc., for
registration as an importer of raw opium and concentrate of poppy
straw, Schedule II controlled substances, is published pursuant to 21
CFR 1301.34. On April 9, 1999, DEA published a notice in the Federal
Register, 64 FR 17,415 (DEA 1999), stating that Johnson Matthey has
applied to be registered as an importer of raw opium and concentrate of
poppy straw.
Both Noramco of Delaware, Inc., and Mallinckrodt, Inc., timely
requested a hearing in this matter. On September 20, 1999, all parties
filed prehearing statements. Notice is hereby given that a hearing will
be conducted pursuant to the provisions of 21 U.S.C. 952(a), 958; 21
CFR 1301.34.
Hearing Date
The hearing will begin at 9:30 a.m. on January 5, 2000, and will be
held at the Drug Enforcement Administration Headquarters, 600 Army Navy
Drive, Hearing Room, Room E-2103, Arlington, Virginia. The hearing will
be closed to the public, except (a) to the parties, and (b) to those
persons who have a right to participate and have requested a hearing or
entered a notice of appearance pursuant 21 CFR 1301.34.
Notice of Appearance
Any person entitled to participate in this hearing pursuant to 21
CFR 1301.34, and desiring to do so, may participate by filing a notice
of intention to participate in accordance with 21 CFR 1301.43, in
triplicate, with the Hearing Clerk, Office of Administrative Law
Judges, Drug Enforcement Administration, Washington, DC 20537, within
30 days of publication of this notice in the Federal Register. Each
notice of appearance must be in the form prescribed in 21 CFR 1316.48.
Johnson Matthey, DEA Office of Chief Counsel, Mallinckrodt, and Noramco
need not file a notice of intention to participate.
FOR FURTHER INFORMATION CONTACT: Helen Farmer, Hearing Clerk, Drug
Enforcement Administration, Washington, DC 20537; Telephone (202) 307-
8188.
Summary of Comments and Objections
Mallinckrodt's Comments
Mallinckrodt, a registered importer of raw opium and poppy straw
concentrate, intends to show that Johnson Matthey lacks a sufficient
commitment to comply with DEA regulations; Johnson Matthey's
registration will undermine the ability of U.S. importers to comply
with the 80/20 sourcing rule; Johnson Matthey's lack of technical
expertise regarding the importation of narcotic raw materials (NRMs)
and the use of NRMs during manufacturing could result in shortage of
NRMs; Johnson Matthey's processing inefficiencies could lead to
increases in opium cultivation in violation of international policy;
and as Johnson Matthey has no intention of using the registration, the
potential registration constitutes an unnecessary administrative
burden.
Noramco's Comments
Noramco, a registered importer of NRMs, intends to show that
Johnson Matthey's capability to maintain effective controls required by
an importer of NRMs is questionable given its past record in the area
of controlled substances; Johnson Matthey's registration is likely to
weaken U.S. ability to contain the rapid increase in the price of NRMs;
Johnson Matthey's plans for importation may be inconsistent with DEA
restrictions on sourcing or may place an unfair burden on existing
suppliers; Johnson Matthey's planned use of the NRMs will excerbate a
shortage of NRMs; and Johnson Matthey's planned use of NRMs may
adversely affect the industry's total cost of production.
Dated: November 29, 1999.
Richard A. Fiano,
Acting Deputy Administrator, Drug Enforcement Administration.
[FR Doc. 99-31437 Filed 12-2-99; 8:45 am]
BILLING CODE 4410-09-M
