[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Notices]
[Page 67936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31437]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 99-27]


Johnson Matthey, Inc., West Deptford, New Jersey; Notice of 
Administrative Hearing, Summary of Comments and Objections

Notice of Hearing

    This Notice of Administrative Hearing, Summary of Comments and 
Objections, regarding the application of Johnson Matthey, Inc., for 
registration as an importer of raw opium and concentrate of poppy 
straw, Schedule II controlled substances, is published pursuant to 21 
CFR 1301.34. On April 9, 1999, DEA published a notice in the Federal 
Register, 64 FR 17,415 (DEA 1999), stating that Johnson Matthey has 
applied to be registered as an importer of raw opium and concentrate of 
poppy straw.
    Both Noramco of Delaware, Inc., and Mallinckrodt, Inc., timely 
requested a hearing in this matter. On September 20, 1999, all parties 
filed prehearing statements. Notice is hereby given that a hearing will 
be conducted pursuant to the provisions of 21 U.S.C. 952(a), 958; 21 
CFR 1301.34.

Hearing Date

    The hearing will begin at 9:30 a.m. on January 5, 2000, and will be 
held at the Drug Enforcement Administration Headquarters, 600 Army Navy 
Drive, Hearing Room, Room E-2103, Arlington, Virginia. The hearing will 
be closed to the public, except (a) to the parties, and (b) to those 
persons who have a right to participate and have requested a hearing or 
entered a notice of appearance pursuant 21 CFR 1301.34.

Notice of Appearance

    Any person entitled to participate in this hearing pursuant to 21 
CFR 1301.34, and desiring to do so, may participate by filing a notice 
of intention to participate in accordance with 21 CFR 1301.43, in 
triplicate, with the Hearing Clerk, Office of Administrative Law 
Judges, Drug Enforcement Administration, Washington, DC 20537, within 
30 days of publication of this notice in the Federal Register. Each 
notice of appearance must be in the form prescribed in 21 CFR 1316.48. 
Johnson Matthey, DEA Office of Chief Counsel, Mallinckrodt, and Noramco 
need not file a notice of intention to participate.

FOR FURTHER INFORMATION CONTACT: Helen Farmer, Hearing Clerk, Drug 
Enforcement Administration, Washington, DC 20537; Telephone (202) 307-
8188.

Summary of Comments and Objections

Mallinckrodt's Comments

    Mallinckrodt, a registered importer of raw opium and poppy straw 
concentrate, intends to show that Johnson Matthey lacks a sufficient 
commitment to comply with DEA regulations; Johnson Matthey's 
registration will undermine the ability of U.S. importers to comply 
with the 80/20 sourcing rule; Johnson Matthey's lack of technical 
expertise regarding the importation of narcotic raw materials (NRMs) 
and the use of NRMs during manufacturing could result in shortage of 
NRMs; Johnson Matthey's processing inefficiencies could lead to 
increases in opium cultivation in violation of international policy; 
and as Johnson Matthey has no intention of using the registration, the 
potential registration constitutes an unnecessary administrative 
burden.

Noramco's Comments

    Noramco, a registered importer of NRMs, intends to show that 
Johnson Matthey's capability to maintain effective controls required by 
an importer of NRMs is questionable given its past record in the area 
of controlled substances; Johnson Matthey's registration is likely to 
weaken U.S. ability to contain the rapid increase in the price of NRMs; 
Johnson Matthey's plans for importation may be inconsistent with DEA 
restrictions on sourcing or may place an unfair burden on existing 
suppliers; Johnson Matthey's planned use of the NRMs will excerbate a 
shortage of NRMs; and Johnson Matthey's planned use of NRMs may 
adversely affect the industry's total cost of production.

    Dated: November 29, 1999.
Richard A. Fiano,
Acting Deputy Administrator, Drug Enforcement Administration.
[FR Doc. 99-31437 Filed 12-2-99; 8:45 am]
BILLING CODE 4410-09-M