49892 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Valencia, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–1999. Copies of non-confidential 

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. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: On April 

4, 2008, the Commission instituted this 

investigation, based on a complaint filed 

by Philip Morris USA Inc. (‘‘PM USA’’) 

of Richmond, VA, naming Alcesia; 

Emarket Systems Ltd. (d.b.a. alldiscount-cigarettes.com); Jamen Chong 

(d.b.a. asiadfs.com); Tri-kita (d.b.a. 

cheapcigarettes4all.com); Mr. Eduard 

Lee (d.b.a. cigarettesonlineshop.com); 

Zonitech Properties Limited (d.b.a. 

cigline.net); Zonitech Properties Limited 

(d.b.a. shopping-heaven.com); Cendano 

(d.b.a. galastore.com); Ms. Svetlana 

Trevinska (d.b.a. save-oncigarettes.com); LMB Trading SA (d.b.a. 

k2smokes.ch); G.K.L. International SRL 

(d.b.a. all-cigarettes-brandsxom); G.K.L. 

International SRL (d.b.a. smokerjim.net); 

and Best Product Solution Ltd. as 

respondents. The complaint alleges 

violations of section 337 of the Tariff 

Act of 1930, 19 U.S.C. 1337, in the 

importation into the United States of 

certain cigarettes and packaging thereof 

that infringe registered trademarks 

owned by PM USA. Subsequent to 

institution all respondents but Alcesia 

were found in default. 

On February 3, 2009, the ALJ issued 

Order No. 19, a summary initial 

determination (‘‘ID’’) granting PM USA’s 

motion for summary determination that 

Alcesia has violated section 337 with 

respect to three trademarks: U.S. 

Trademark Registration Nos. 68,502; 

378,340; and 894,450. On February 17, 

2009, Alcesia petitioned for review of 

the ID. On February 24 and 25, 2009, 

PM USA and the Commission 

Investigative Attorney (‘‘IA’’), 

respectively, opposed Alcesia’s petition 

for review. 

On April 9, 2009, the Commission 

determined to review the ID and 

requested written submissions on the 

issues under review, remedy, the public 

interest, and bonding. On May 8, 2009, 

the parties filed opening submissions, 

and on May 29, 2009, the parties filed 

response submissions. Several nonparties also filed submissions 

addressing issues related to remedy and 

the public interest. 

Having examined the record of this 

investigation, including the ALJ’s 

summary ID, the Commission has 

determined to affirm the ALJ’s finding 

that Alcesia has violated section 337 by 

selling for importation into the United 

States gray market cigarettes that 

infringe PM USA’s Marlboro®, 

Parliament®, and Virginia Slims®

trademarks. In particular, the 

Commission has adopted the ALJ’s 

finding that a lack of English-language 

warning labels from the Surgeon 

General on the gray market cigarette 

packages makes them materially 

different from the U.S. market cigarettes. 

The Commission, however, has declined 

to adopt the ID’s finding that the gray 

market cigarettes’ susceptibility to 

seizure under the Imported Cigarette 

Compliance Act makes them materially 

different from U.S. market cigarettes. 

The Commission also takes no position 

on the ID’s finding that a material 

difference exists between the gray 

market and U.S. market cigarettes 

because PM USA exercises quality 

control over procedures for distribution, 

storage, and transportation of the U.S. 

market cigarettes, while it does not 

exercise this control over the gray 

market cigarettes. 

The Commission has determined that 

the appropriate form of relief is a 

general exclusion order prohibiting the 

unlicensed entry of Marlboro®, 

Parliament®, or Virginia Slims® branded 

cigarettes that (a) infringe one or more 

of the following U.S. Trademark Reg. 

Nos. 68,502, 378,340, and 894,450 and 

(b) are materially different from 

cigarettes manufactured by or under 

authority of PM USA for sale and use in 

the United States. 

The Commission further determined 

that the public interest factors 

enumerated in section 337(d) (19 U.S.C. 

1337(d)) do not preclude issuance of the 

general exclusion order. Finally, the 

Commission determined that the 

amount of bond during the Presidential 

review period (19 U.S.C. 1337(j)) shall 

be 100 percent of the entered value of 

the article that is subject to the order. 

The Commission’s order was delivered 

to the President and the United States 

Trade Representative on the day of its 

issuance. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

sections 210.42–50 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–50). 

By order of the Commission. 

Issued: September 21, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–23389 Filed 9–28–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Office of Information Policy; Attorney 

General Memorandum for Executive 

Departments and Agencies 

Concerning the Freedom of 

Information Act 

AGENCY: Department of Justice. 

ACTION: Notice. 

SUMMARY: On January 21, 2009, the 

President issued a memorandum for the 

heads of executive departments and 

agencies on the Freedom of Information 

Act (FOIA). That memorandum required 

that the Attorney General issue new 

guidelines governing the FOIA to the 

heads of executive departments and 

agencies, reaffirming the commitment to 

accountability and transparency, and to 

publish such guidelines in the Federal 

Register. Pursuant to the President’s 

directive, the Attorney General issued 

new FOIA guidelines on March 19, 

2009. Those guidelines are now 

published here. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Ann Pustay, Director, Office of 

Information Policy, U.S. Department of 

Justice, 1425 New York Avenue, NW., 

Suite 11050, Washington, DC 20009, 

telephone (202) 514–3642. 

SUPPLEMENTARY INFORMATION: In his 

January 21, 2009 memorandum on the 

Freedom of Information Act (FOIA) the 

President stated that ‘‘[a]ll agencies 

should adopt a presumption in favor of 

disclosure, in order to renew their 

commitment to the principles embodied 

in FOIA, and to usher in a new era of 

open Government.’’ This memorandum 

is published in the Federal Register at 

74 FR 4683–84 and is available at 

http://www.whitehouse.gov/thepress_

office/FreedomoflnformationAct/. 

The President also directed the 

Attorney I General ‘‘to issue new 

guidelines governing the FOIA to the 

heads of executive departments and 

agencies, reaffirming the commitment to 

accountability and transparency.’’ 

Pursuant to this instruction, the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49893 

Attorney General issued new FOIA 

guidelines on March 19, 2009; The 

purpose of the Attorney General’s 

memorandum is to underscore the 

FOIA’s purpose of providing an open 

government and to help ensure that it is 

realized in practice. The guidelines 

provided by the Attorney General stress 

the important implications of the 

President’s call for a presumption of 

openness, emphasize that the FOIA is 

everyone’s responsibility, and direct 

agencies to work proactively and 

promptly. A full text of these guidelines 

is available on the Department of 

Justice’s Web site at http:// 

www.usdoj.gov/ag/foia-memomarch2009.pdf. Pursuant to the 

President’s instruction, the Attorney 

General’s guidelines are also published 

here. 

Dated: September 17, 2009. 

Melanie Ann Pustay, 

Director, Office of Information Policy. 

[FR Doc. E9–23375 Filed 9–28–09; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Comments on the 

Proposed Information Collection for 

Trade Adjustment Assistance (TAA) 

Reserve Funding Request Form. 1205– 

0275, Extension With No Revisions 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, ETA is 

soliciting comments concerning the 

proposed extension of data collection 

for the ETA Form 9117 (formerly ETA– 

9023), Trade Adjustment Assistance 

(TAA) Reserve Funding Request Form 

(1205–0275, expires 1/31/2010). 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addressee section of this notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee’s section below on or before 

November 30, 2009. 

ADDRESSES: Submit written comments 

to Chris Meservy, Program Analyst, 

Room C–5428, Employment and 

Training Administration, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Telephone number: 202– 

693–2806 (this is not a toll-free 

number). Fax: 202–693–3584. E-mail: 

meservy.chris.h@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Trade Adjustment Assistance 

(TAA) program provides assistance to 

workers that have been adversely 

affected by foreign trade. Under the 

Trade Act of 1974, as amended by the 

American Recovery and Reinvestment 

Act of 2009, the statutory training cap 

is $575 million each year, with 

additional funding available for job 

search and relocation allowances and 

State administration. To be eligible for 

TAA benefits and services, a group of 

workers, a company official, a union or 

other duly authorized representative, or 

a One Stop Operator or partner must file 

a petition with the Department of Labor. 

If the Department determines that the 

workers meet the statutory criteria, it 

issues a certification of eligibility for the 

workers in the group to apply for 

benefits and services through 

partnerships between the State 

Workforce Agencies (SWAs) and the 

One Stop Career Center system. 

II. Review Focus 

The Department of Labor is 

particularly interested in comments 

which: 

* Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

* Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

* Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

* Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

Type of Review: Extension with no 

revisions. 

Title: Trade Adjustment Assistance 

(TAA) Reserve Funding Request. 

OMB Number: 1205–0275. 

Affected Public: State, local or Tribal 

government. 

Total Respondents: 25. 

Frequency: On occasion. 

Forms: ETA 9117, ETA 9023. 

Average Time per Response: 3 hours. 

Estimated Total Burden Hours: 75. 

Comments submitted in response to 

this ICR will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: This 23rd day of September 2009. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–23361 Filed 9–28–09; 8:45 am] 

BILLING CODE 4510–FN–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Materials 

Research; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463 as amended), the National Science 

Foundation announces the following 

meeting: 

Name: Site visit review of the Materials 

Research Science and Engineering Center 

(MRSEC) at the University of Wisconsin, 

#1203. 

Dates & Times: 

October 25, 2009; 5 p.m.–7 p.m. 

October 26, 2009; 7:30 a.m.–8 p.m. 

October 27, 2009; 8 a.m.–3 p.m. 

Place: University of Wisconsin, Madison, 

WI. 

Type of Meeting: Part-open. 

Contact Person: Dr. Charles Ying, Program 

Director, Materials Research Science and 

Engineering Centers Program, Division of 

Materials Research, Room 1065, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, Telephone (703) 292– 

8428. 

Purpose of Meeting: To provide advice and 

recommendations concerning further support 

of the MRSEC at the University of Wisconsin. 

Agenda: 

Sunday, October 25, 2009 

5 p.m.–5:15 p.m.: Closed—Executive Session. 

5:15 p.m.–7 p.m.: Open—Review of the 

Wisconsin MRSEC. 


jlentini on DSKJ8SOYB1PROD with NOTICES