[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Notices]
[Page 6024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3335]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-370]
Certain Salinomycin Biomass and Preparations Containing Same;
Notice of Commission Decision Not To Review a Final Initial
Determination Terminating the Investigation Based on a Finding of No
Violation of Section 337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the final initial determination
(ID) issued on November 6, 1995, by the presiding administrative law
judge (ALJ) in the above-captioned investigation, thereby terminating
the investigation with a finding of no violation of section 337 of the
Tariff Act of 1930.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3104.
SUPPLEMENTARY INFORMATION: The Commission instituted this
investigation, which concerns allegations of violations of section 337
of the Tariff Act of 1930 in the importation, sale for importation, and
sale after importation of certain salinomycin biomass and preparations
containing same on February 6, 1995. The Commission named the following
firms as respondents: Hoechst Aktiengesellschaft, Hoechst Veterinar
GmbH, and Hoechst-Roussel Agri-Vet Co. (collectively, Hoechst), and
Merck & Co. Inc. (Merck).
An evidentiary hearing was held commencing June 5, 1995, and
continuing through June 20, 1995, in which Kaken, Hoechst, and the
Commission investigative attorney (IA) participated. On September 18,
1995, the ALJ issued an ID finding that Merck's activities did not
violate section 337 and terminated Merck from the investigation. That
ID became the Commission's final determination on October 10, 1995.
On November 6, 1995, the ALJ issued his final ID in which he found
no violation of section 337. His decision was based on his finding that
the patent at issue was invalid due to concealment of best mode and
unenforceable due to inequitable conduct in its procurement. Petitions
for review were filed by complainant Kaken and respondent Hoechst on
November 21, 1995. Responses to the petitions were filed on December 1,
1995, by Kaken, Hoechst, and the IA.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and section 210.42(h)(3) of
the Commission's Rules of Practice and Procedure, 19 C.F.R.
Sec. 210.42(h)(3).
Copies of the nonconfidential version of the ID and all other
nonconfidential documents filed in connection with this investigation
are or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street S.W., Washington, D.C.
20436, telephone 202-205-2000. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Issued: February 9, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-3335 Filed 2-14-96; 8:45 am]
BILLING CODE 7020-02-P
