[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Notices]
[Page 49609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24822]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-408]


Certain Recombinantly Produced Hepatitis B Vaccines and Products 
Containing Same; Notice of Commission Determination Not To Review an 
Initial Determination Terminating the Investigation on the Basis of a 
Settlement Agreement

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 presiding administrative 
law judge's (ALJ's) initial determination (ID) (Order No. 7) in the 
above-captioned investigation terminating the investigation on the 
basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3104. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov). 
Hearing-impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted by the Commission on May 11, 1998, on behalf of 
complainant Chiron Corporation (Chiron) of Emeryville, California. 63 
FR 25869. The complaint alleged violations of section 337 of the Tariff 
Act of 1930 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain recombinantly produced hepatitis B vaccines that allegedly are 
covered by claims 4, 5, 7, or 8 of U.S. Letters Patent Re 35,749. The 
notice of investigation named SmithKline Beecham Biologicals, S.A. of 
Belgium and SmithKline Beecham Corporation of Philadelphia, 
Pennsylvania (collectively, ``SKB'') as respondents.
    On August 7, 1998, complainant and respondents to the investigation 
filed a joint motion to terminate the investigation as to all issues 
based upon a settlement agreement, which was supported by the 
Commission investigative attorney. On August 18, 1998, the presiding 
ALJ granted the joint motion and issued an ID (Order No. 7) terminating 
the investigation on the basis of the settlement agreement. The ALJ 
found no indication that termination of the investigation would have an 
adverse impact on the public interest and that termination based on 
settlement is generally in the public interest. No petitions for review 
were filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission rule 210.42, 19 CFR 
210.42.
    Copies of the public version of the ALJ's 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.

    By order of the Commission.

    Issued: September 10, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-24822 Filed 9-15-98; 8:45 am]
BILLING CODE 7020-02-P