[Federal Register: December 3, 1999 (Volume 64, Number 232)] [Notices] [Page 67936] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03de99-118] ----------------------------------------------------------------------- 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