[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8473] [[Page Unknown]] [Federal Register: April 8, 1994] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-358] Certain Recombinantly Produced Human Growth Hormones; Decision To Review and Modify an Initial Determination Designating the Investigation ``More Complicated'' AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review and modify an initial determination (ID) (Order No. 82) issued on March 2, 1994, by the presiding administrative law judge (ALJ) in the above-captioned investigation designating the investigation ``more complicated.'' FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-3104. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation, which concerns allegations of section 337 violations in the importation of recombinantly produced human growth hormone on September 29, 1993. Complainant Genentech Inc. (``Genentech'') alleges infringement of claims of four U.S. Letters Patent owned by Genentech. On February 25, 1994, respondents Bio-Technology General Corp. and Biotechnology General (Israel) (collectively, ``BTG'') filed a motion to designate the investigation ``more complicated.'' The presiding ALJ's ID granting the motion indicated that the investigation should be designated ``more complicated'' because BTG needed additional time to complete discovery in this investigation, which involves many factually and legally complex issues concerning the validity and enforceability of numerous claims of four patents. The ID extended the deadline for issuance of the ALJ's final ID by one month, or until July 29, 1994, and stated that ``[e]xtension of the Commission action by one month would make the Commission's statutory deadline October 31, 1994.'' No petitions for review of the ID were filed. No agency comments were received. After consideration of the record, including the ID, the Commission determined on its motion to review the ID and to modify it by striking the statement concerning the statutory deadline for Commission action. This statement is not consistent with section 337(b), which provides that the statutory deadline in ``more complicated'' investigations is 18 months after the date of institution. The statutory deadline for completion of the investigation is therefore March 29, 1995. However, the Commission expects to complete this investigation prior to the statutory deadline. In all other respects, the Commission adopted the ID as the determination of the Commission. This action is taken under authority of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) and Secs. 210.55 and 210.59(a) of the Commission's Interim Rules of Practice and Procedure (19 CFR 210.55, 210.59(a)). Copies of the ID, the Commission order modifying 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 SW., Washington, DC 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. Dated: April 4, 1994. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 94-8473 Filed 4-7-94; 8:45 am] BILLING CODE 7020-02-P