[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Notices]
[Pages 46179-46180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17473]


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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