[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Notices]
[Page 46179-46180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-69]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-406, Enforcement Proceedings (II)]
Certain Lens-Fitted Film Packages; Determination Not To Review
the Presiding Administrative Law Judge's Enforcement Initial
Determination; Request for Briefing on Recommended Enforcement Measures
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the administrative law judge's
(ALJ) initial enforcement determination (EID) on violation, including
his determination to find Anthony Cossentino and Jack Benun subject to
the cease and desist order issued to respondent Jazz Photo Corp. (Jazz)
at the conclusion of the original investigation.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., telephone 202-205-
3104, Office of the General Counsel, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC 20436. Copies of all
nonconfidential 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
(http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol.public.
Hearing-impaired persons are advised that
information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission's original investigation in
this matter was terminated on June 2, 1999, with a finding of violation
of section 337 by 26 respondents by reason of importation or sales
after importation of certain lens-fitted film packages (i.e.,
disposable cameras) that were found to infringe one or more claims of
15 patents held by complainant Fuji Photo Film Co. (Fuji). 64 FR 30541
(June 8, 1999). The Commission issued a general exclusion order,
prohibiting the importation of LFFPs that infringe any of the claims at
issue, and issued cease and desist orders to twenty domestic
respondents. Id. The Commission's orders were upheld by the U.S. Court
of Appeals for the Federal Circuit. Jazz Photo Corp. v. Int'l Trade
Comm'n, 264 F.3d 1094 (Fed. Cir. 2001), cert. denied 536 U.S. 950
(2002).
On September 24, 2002, the Commission initiated enforcement
proceedings at the request of complainant Fuji under Commission rule
210.75(b) to determine whether respondent Jazz and/or two individuals
associated with Jazz, Mr. Jack Benun and Mr. Anthony Cossentino,
violated the general exclusion order and/or the cease and desist
orders, issued on June 2, 1999, in the original Film Packages
[[Page 46180]]
investigation. The proceedings were referred to the presiding ALJ for
issuance of an EID. The proceedings were suspended for several months
due to the outbreak of severe acute respiratory syndrome (SARS) in
areas of China where discovery had to be completed.
On April 6, 2004, the ALJ issued his EID, finding that all
respondents had violated the general exclusion order and cease and
desist orders. Fuji, Jazz, Benun and Cossentino filed petitions for
review of the EID on April 22, 2004. Those parties, as well as the
Commission investigative attorneys filed responses to the petitions on
May 10, 2004.
The Commission, having examined the petitions for review, and the
responses thereto has determined not to review the EID's determination
that the general exclusion order and cease and desist order issued to
Jazz have been violated, as well as his determination to find Mr.
Cossentino and Mr. Benun subject to the cease and desist order issued
to Jazz. In connection with the final disposition of the enforcement
proceedings, the Commission may issue civil penalties for violations of
its cease and desist order. The Commission has not yet ruled on whether
it will adopt the specific enforcement measures recommended in the EID.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the specific enforcement measures
recommended by the ALJ in his EID no later than close of business on
August 20, 2004. Response submissions must be filed no later than the
close of business on September 3, 2004. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original document and 14 true copies thereof on or before
the deadlines stated above. Any person desiring to submit a document
(or portion thereof) 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 section 201.6 of the Commission's Rules of Practice and
Procedure, 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.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.75 of
the Commission's Rules of Practice and Procedure (19 CFR 210.75).
Issued: July 27, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-17473 Filed 7-30-04; 8:45 am]
BILLING CODE 7020-02-P