Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49891 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: This 

investigation was instituted on March 7, 

2008, based on a complaint filed by 

Presstek, Inc. (‘‘Presstek’’) of Hudson, 

New Hampshire. The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain laser imageable lithographic 

printing plates that infringe certain 

claims of U.S. Patent Nos. 5,339,737 

(‘‘the ‘737 patent’’) and 5,487,338 (‘‘the 

‘338 patent’’) and U.S. Trademark Reg. 

No. 1,711,005 (‘‘the ‘005 trademark’’). 

All assertions relating to the ‘005 

trademark were subsequently 

terminated from the investigation. 

Certain respondents have been 

terminated from the investigation, and 

the remaining respondents are VIM 

Technologies, Ltd., Hanita Coatings 

RCA, Ltd., AteCe Canada, Guaranteed 

Service & Supplies, Inc., Recognition 

Systems, Inc., and Spicers Paper, Inc. 

(hereinafter referred to collectively as 

‘‘Respondents’’). 

On July 24, 2009, the ALJ issued the 

subject ID finding that a violation of 

section 337 has occurred in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain laser imageable lithographic 

printing plates by reason of 

infringement of one or more of claims 1, 

10, and 27 of the ‘737 patent and by 

reason of infringement of one or more of 

claims 20, 21, and 23 of the ‘338 patent. 

Respondents filed a combined 

petition for review of the ID, which 

Presstek and the Commission 

investigative attorney opposed. Having 

reviewed the record of this 

investigation, including Respondents’ 

petition for review and the responses 

thereto, the Commission has determined 

to review certain aspects of the ID 

relating to claim construction. On 

review, the Commission has determined 

to modify the ID by supplementing the 

ALJ’s claim construction analysis for 

reasons that will be provided in the 

Commission’s opinion on remedy, the 

public interest, and bonding, and has 

determined to affirm the ALJ’s 

determination of violation of section 

337. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease-and-desist orders that could 

result in the respondent being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. Accordingly, the 

Commission is interested in receiving 

written submissions that address the 

form of remedy, if any, that should be 

ordered. If a party seeks exclusion of an 

article from entry into the United States 

for purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease-and-desist 

orders would have on (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. 

Complainants and the IA are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainants are also 

requested to state the dates that the 

patents expire and the HTSUS numbers 

under which the accused products are 

imported. The written submissions and 

proposed remedial orders must be filed 

no later than close of business on 

October 6, 2009. Reply submissions, if 

any, must be filed no later than the close 

of business on October 13, 2009. No 

further submissions on these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued September 24, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–23499 Filed 9–28–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–643] 

In the Matter of Certain Cigarettes and 

Packaging Thereof: Notice of 

Commission Final Determination of 

Violation of Section 337; Termination 

of Investigation; Issuance of General 

Exclusion Order 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that there 

is a violation of 19 U.S.C. 1337 by 

Alcesia SRL (‘‘Alcesia’’) of Moldova in 

the above-captioned investigation and 

has issued a general exclusion order. 

The investigation is terminated. 


jlentini on DSKJ8SOYB1PROD with NOTICES
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