[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25869-25870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12423]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-408]


In the Matter of Certain Recombinantly Produced Hepatitis B 
Vaccines and Products Containing Same; Notice of Investigation

AGENCY: U.S. 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 April 3, 1998, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Chiron Corporation, 4560 Horton Street Emeryville, California 94608. A 
supplementary letter and an amended complaint were filed on April 20, 
1998. A second supplement was filed on April 27, 1998. The complaint, 
as amended and 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 
recombinantly produced Hepatitis B vaccines, and products containing 
same, made by processes that infringe claims 4, 5, 7, and 8 of U.S. 
Letters Patent Re. 35,749. The complaint further alleges that there 
exists an industry in the United States as required by subsection 
(a)(2) of section 337.

[[Page 25870]]

    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained herein, 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 (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:
Jay H. Reiziss, Esq., Office of Unfair Import Investigations, U.S. 
International Trade Commission, telephone 202-205-2579.

    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 (1997).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on May 5, 1998, 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 
recombinantly produced Hepatitis B vaccines, or products containing 
same, made by a process that infringes claims 4, 5, 7, or 8 of U.S. 
Letters Patent Re. 35,749, and whether there exists an industry in the 
United States as required by subsection (a)(2) of section 337.
    (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 complainant is--Chiron Corporation, 4560 Horton Street, 
Emeryville, CA 94608-2917.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served: SmithKline Beecham Biologicals, S.A., Rue de 
l'Institut, 69, 1330 Rixensart, R.C. Nivelles 65945, Belgium, 
SmithKline Beecham Corporation, One Franklin Plaza, Philadelphia, PA 
19102.
    (c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-L, 
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.
    (4) Pursuant to section 210.50(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.50(b)(1), the Commission delegates 
to the presiding administrative law judge the authority to compel 
discovery, take evidence, and hear augment with respect to the public 
interest, as appropriate, and directs the administrative law judge to 
include findings of fact and conclusions of law on public interest 
issues in any recommended determination filed with the Commission under 
section 210.42(a)(1)(ii), 19 CFR 210.42()(1)(ii).
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with Sec. 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 therefore 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 direct4ed against 
such respondent.

    Issued: May 5, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-12423 Filed 5-8-98; 8:45 am]
BILLING CODE 7020-02-M