[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Notices]
[Page 57850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23103]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-479]


Certain Coamoxiclav Products, Potassium Clavulanate Products, and 
Other Products Derived From Clavulanic Acid; Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 9, 2002, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
GlaxoSmithKline plc of the United Kingdom and SmithKlineBeecham Corp. 
d/b/a GlaxoSmithKline of Philadelphia, Pennsylvania. A supplement to 
the complaint was filed on August 28, 2002. The complaint, as 
supplemented, 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 coamoxiclav products, 
potassium clavulanate products, and other products derived from 
clavulanic acid by reason of misappropriation of trade secrets and 
unfair competition. The complaint further alleges that there exists in 
the United States an industry as required by subsection (a)(1)(A) of 
section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (2002).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 4, 2002 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)(A) 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 coamoxiclav 
products, potassium clavulanate products, or other products derived 
from clavulanic acid by reason of misappropriation of trade secrets, or 
unfair competition the threat or effect of which is to destroy or 
substantially injure an industry in the United States.
    (2) 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 complainants are--

GlaxoSmithKline plc, Brentford, Middlesex, TW8 9GS, United Kingdom;
SmithKlineBeecham Corp., d/b/a GlaxoSmithKline, One Franklin Plaza, 
P.O. Box 7929, Philadelphia, Pennsylvania 19101.

    (b) The respondents are the following companies upon which the 
complaint is to be served--

Biochemie GmbH, Biochemiestrasse 10, A-6250 Kundl, Austria;
Biochemie SpA, Corso Verona 165, Rovereto, Trento 38068, Italy;
Novartis AG, Lichtstrasse 35, CH-4056, Basel, Switzerland;
Geneva Pharmaceuticals, Inc., 506 Carnegie Center, Suite 400, 
Princeton, New Jersey 08540.

    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-E, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's rules of practice and procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in 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 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: September 5, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-23103 Filed 9-11-02; 8:45 am]
BILLING CODE 7020-02-P