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Notices - 1999[Federal Register: June 4, 1999 (Volume 64, Number
107)] DEPARTMENT OF JUSTICE Drug Enforcement Administration Neil Laboratories, Inc.; Suspension of Shipment On August 7, 1998, the then-Acting Deputy Administrator of the Drug Enforcement Administration (DEA), issued an Order to Suspend Shipment to Neil Laboratories, Inc. of East Windsor, New Jersey, notifying it that a proposed shipment of 240 kilograms of pseudoephedrine to Oscar Barajas Gomez/Comercializadora Del Noroeste (Comercializadora) of Mexico was suspended pursuant to 21 U.S.C. 971 and 21 CFR 1313.41. The Order to Suspend Shipment stated that DEA believed that the listed chemical may be diverted. Specifically, the order provided Neil Laboratories, Inc: (1) With the factual and legal basis for the suspension of the shipment; (2) with an opportunity to file a written request for a hearing within 30 days pursuant to 21 CFR 1313.51 through 1313.57; (3) with notice that, should it fail to request a hearing, it would be deemed to have waived the hearing; and (4) with notice that upon the expiration of the 30 day time frame, the Deputy Administrator may then enter his final order in this matter without a hearing. The order was received by Neil Laboratories, Inc. on August 21, 1998. No request for a hearing has been received by DEA from Neil Laboratories, Inc., or anyone purporting to represent the company in this matter. Subsequently, the investigative file was transmitted to the Deputy Administrator for final agency action. [[Page 30064]] Therefore, the Deputy Administrator, finding that: (1) 30 days have passed since the issuance of the Order to Suspend Shipment; and (2) no request for a hearing has been received, concludes that Neil Laboratories, Inc. is deemed to have waived its hearing right. After considering relevant material from the file in this matter, the Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1313.57. The Deputy Administrator finds that on December 12, 1997, Neil Laboratories, Inc. submitted a DEA Form 486 to DEA which indicated that it proposed to export 2,992,000 pseudoephedrine 60 mg. tablets to Comercializadora. A check with Mexican authorities revealed that Comercializadora never requested an import permit from the Mexican Department of Health. This shipment was exported to Mexico before DEA could discuss this matter with Neil Laboratories, Inc. On February 3, 1998, DEA was notified that Comercializadora was not authorized by the Department of Health to import pseudoephedrine into Mexico. On February 6, 1998, Neil Laboratories, Inc. submitted another DEA Form 486 which indicated that it proposed to export 4,000,000 pseudoephedrine 60 mg. tablets to Comercializadora. Neil Laboratories, Inc. also forwarded to DEA a copy of a Mexican import permit for this shipment. Upon receipt of the documents, DEA asked the Mexican Department of Health to verify the legitimacy of the customer. Thereafter, the Mexican authorities informed DEA that the Mexican import document submitted by Comercializadora to Neil Laboratories, Inc. was fraudulent. On February 20, 1998, Neil Laboratories, Inc. voluntarily canceled the shipment. DEA personnel went to the address used by Comercializadora which was the same address as that listed in the Tijuana, Mexico telephone book for its owner, Oscar Barajas Gomez. The address was discovered to be an empty store front. On April 2, 1998, Neil Laboratories, Inc. submitted a third DEA Form 486 which indicated that it proposed to export 4,000,000 pseudoephedrine 60 mg. tablets to Comercializadora. DEA requested that the Mexican Department of Health verify the import license submitted for this shipment. It was determined that the import license provided to Neil Laboratories, Inc. was fraudulent, in that one of the Mexican officials' signature was a forgery and two other Mexican officials listed on the permit were fictitious names. In addition, the company number provided by Comercializadora on the import license belonged to another company in Mexico. On June 4, 1998, Neil Laboratories, Inc. forwarded another import license from Comercializadora, which Mexican authorities verified was also fraudulent. On June 15, 1998, Neil Laboratories, Inc. withdrew the previous DEA Form 486 and submitted a new, duplicate request. The Mexican port of entry for the shipment listed on the form is not authorized to receive shipments of pseudoephedrine. Pursuant to 21 U.S.C. 971(c), and the delegation of authority found in 28 CFR 0.100(b) and 0.104, the Deputy Administrator may "order the suspension of any importation or exportation of a listed chemical * * * on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance.'' The Deputy Administrator concludes that there is substantial evidence to support the conclusion that this shipment of pseudoephedrine may be diverted to the clandestine manufacture of a controlled substance. The address noted for the customer was an empty store front and the customer provided fraudulent import documents. Further, the Deputy Administrator notes that no contrary evidence has been presented. Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 971 and 28 CFR 0.100(b) and 0.104, hereby orders that the proposed shipment described above, be, and it hereby is, suspended, and that these proceedings are hereby concluded. This final order is effective immediately. Dated: May 25, 1999. Donnie R. Marshall, [FR Doc. 99-14099 Filed 6-3-99; 8:45 am]
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