[Federal Register: September 15, 2005 (Volume 70, Number 178)]
[Notices]               
[Page 54521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se05-21]                         

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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 43-2005]

 
Review of Foreign-Trade Zone Activity, Foreign-Trade Subzone 43D, 
Perrigo Company, Battle Creek Michigan, (Ibuprofen-Pharmaceutical 
Products)

    Pursuant to authority under the Foreign-Trade Zones (FTZ) Act, as 
amended (19 U.S.C. 81a-81u), including Section 81(o)(c), and the 
regulations of the FTZ Board (15 CFR part 400), to monitor, review, and 
restrict activity affecting foreign-trade zone merchandise, a review is 
being initiated of activity related to certain merchandise at Foreign-
Trade Subzone 43D, at the pharmaceutical products manufacturing 
facilities of the Perrigo Company, in the Battle Creek, Michigan, area.
    In May 2003, the FTZ Board filed an application from the City of 
Battle Creek, Michigan, grantee of FTZ 43, requesting special-purpose 
subzone status with certain manufacturing authority for Perrigo. 
Subzone 43D was approved by the Foreign-Trade Zones (FTZ) Board on 
April 13, 2004 (Board Order 1326, 69 FR 21498, 4/21/04). The activity 
authorized by the FTZ Board included manufacturing over-the-counter 
pharmaceutical products containing ibuprofen, aspirin and 
acetaminophen. Subsequent to the issuance of the Board Order, 
additional information emerged which raised potential issues with 
respect to some of the ibuprofen-related information presented in the 
Perrigo application; that application had been among the bases for the 
FTZ Board's approval of manufacturing at Subzone 43D. The FTZ staff 
then conducted a preliminary inquiry into the matter and found that the 
additional information appeared to raise questions that warranted 
consideration by the FTZ Board.
    The FTZ Board's review in this matter will consider whether new 
information requires modification of the authority granted for Subzone 
43D with respect to ibuprofen and products containing ibuprofen. The 
review will focus primarily on updated information regarding: Perrigo's 
ibuprofen sourcing patterns and plans, and industry-wide patterns; 
international competition in finished products containing ibuprofen; 
potential effects on domestic suppliers; the scope of FTZ benefits for 
Perrigo; and the net economic effect of Perrigo's use of FTZ procedures 
with respect to these products.
    Public comment is invited from interested parties. Information 
submitted for the record generally should be in a non-proprietary 
format. If there is a need to submit business proprietary information, 
it should be appropriately marked and accompanied by a public version. 
Submissions (original and 3 copies) shall be addressed to the Board's 
Executive Secretary at one of the following addresses:
1. Submissions Via Express/Package Delivery Services: Foreign-Trade-
Zones Board, U.S. Department of Commerce, Franklin Court Building - 
Suite 4100W, 1099 14th St. NW, Washington, D.C. 20005; or
2. Submissions Via the U.S. Postal Service: Foreign-Trade-Zones Board, 
U.S. Department of Commerce, FCB - Suite 4100W, 1401 Constitution Ave. 
NW, Washington, D.C. 20230.
    The closing period for their receipt is November 14, 2005.

    Dated: September 8, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05-18353 Filed 9-14-05; 8:45 am]