[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]



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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.

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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