[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7069-7070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2823]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-370]
Certain Salinomycin Biomass and Preparations Containing Same;
Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and
provisional acceptance of motion for temporary relief.
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SUMMARY: Notice is hereby given that a complaint and a motion for
temporary relief were filed with the U.S. International Trade
Commission on December 23, 1994, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of Kaken Pharmaceutical
Company, Ltd., 2-28-8 Honkomagome, Bunkyo-ku, Tokyo 113, Japan. A
revised complaint and revised memorandum of points and authorities
[[Page 7070]] in support of the motion for temporary relief were filed
on January 18, 1995. The complaint, as revised, alleges violations of
section 337 in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain salinomycin biomass and preparations containing same alleged to
be manufactured abroad by a method covered by claim 2 of U.S. Letters
Patent Re. 34,698 and alleged to incorporate ``know-how'' and
improvements in breach of contract. The complaint further alleges that
there exists an industry in the United States and that the domestic
industry is being injured or threatened with injury by the imported
accused products. The complainant requests that the Commission
institute an investigation and, after a full investigation, issue a
permanent exclusion order and a permanent cease and desist order.
The motion for temporary relief requests that the Commission issue
a temporary exclusion order and temporary cease and desist orders
prohibiting the importation into and the sale within the United States
after importation of salinomycin biomass and preparations containing
same that infringe claim 2 of the '698 patent during the course of the
Commission's investigation.
ADDRESSES: The nonconfidential complaint and motion for temporary
relief are 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, SW., Room 112,
Washington, DC 20436, telephone 202-205-1802. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Teresa M.B. Martinez, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2015.
AUTHORITY: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
Sec. 210.10 of the Commission's final rules of practice and procedure.
(59 FR 39020, 39043-44 (Aug. 1, 1994).) The authority for provisional
acceptance of the motion for temporary relief is contained in
Sec. 210.58. (59 FR at 39062.)
SCOPE OF INVESTIGATION: Having considered the complaint and the motion
for temporary relief, the U.S. International Trade Commission, on
January 30, 1995, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation or the
sale within the United States after importation of certain salinomycin
biomass and preparations containing same made abroad by a process
covered by claim 2 of U.S. Letters Patent Re. 34,698; and whether there
exists an industry in the United States as required by subsection
(a)(2) of section 337.
(2) Pursuant to Sec. 210.58 of the Commission's final rules of
practice and procedure (59 FR 39020, 39062 (Aug. 1, 1994)), the motion
for temporary relief under subsection (e) of section 337 of the Tariff
Act of 1930, which was filed with the complaint, be provisionally
accepted and referred to an Administrative Law Judge.
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--
Kaken Pharmaceutical Company, Ltd., 2-28-8 Honkomagome, Bunkyo-ku,
Tokyo 113, Japan
(b) The respondents are the following companies alleged to be in
violation of Section 337, and are the parties upon which the complaint
and motion for temporary relief are to be served:
Hoechst Aktiengesellschaft, Bruningstrasse 50, 65929 Frankfurt, Germany
Hoechst Veterinar, Gesellschaft m.b.H., Feldstrasse 1a. 85716,
Unterschleissheim B., Munich, Germany
Hoechst-Roussell Agri-Vet Co., Route 202-206 North, Sommerville, New
Jersey 08876-1258
Merck & Company, Inc., 1 Merck Drive, P.O. Box 100, White House
Station, New Jersey 08889-0100
(c) Teresa M.B. Martinez, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW,
Room 401-D, Washington, DC 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(4) For the investigation and temporary relief proceedings
instituted, Janet D. Saxon, Chief Administrative Law Judge, U.S.
International Trade Commission, shall designate the presiding
Administrative Law Judge.
Responses to the complaint, the motion for temporary relief, and
the notice of investigation must be submitted by the named respondent
in accordance with Secs. 210.13 and 210.59 of the Commission's final
rules of practice and procedure. (59 FR at 39045-46, 39062.) Pursuant
to 19 CFR 201.16(d), as well as sections 210.13(a) and 210.59 of the
Commission's final rules of practice and procedure (59 FR at 39045,
39062-63), such responses will be considered by the Commission if
received not later than 10 days after the date of service of the
complaint. Extensions of time for submitting responses to the complaint
will not be granted unless good cause therefor is shown.
Failure of the respondent to file a timely response to the patent-
based allegations in the complaint, to the motion for temporary relief,
and to 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, motion for temporary relief, and this notice
and to enter both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: January 31, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-2823 Filed 2-3-95; 8:45 am]
BILLING CODE 7020-02-P
