[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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