[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Pages 18561-18562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7005]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-643]


In the Matter of Certain Cigarettes and Packaging Thereof; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 5, 2008, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Philip Morris USA Inc. of Richmond, Virginia. A supplement to the 
complaint was filed on March 26, 2008. The complaint, as supplemented, 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain cigarettes and packaging thereof 
that infringe U.S. Trademark Registration Nos. 68,502; 938,510; 
1,039,412; 1,544,782; 1,651,628; 378,340; 865,627; 1,164,854; 894,450; 
912,374; 912,375; 1,227,743; 1,897,685; and 1,602,699. The complaint, 
as supplemented, further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
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.

FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2007).

    Scope of Investigation: Having considered the complaint, the U.S.

[[Page 18562]]

International Trade Commission, on March 31, 2008, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(C) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain cigarettes 
and packaging thereof by reason of infringement of one or more of U.S. 
Trademark Registration Nos. 68,502; 938,510; 1,039,412; 1,544,782; 
1,651,628; 378,340; 865,627; 1,164,854; 894,450; 912,374; 912,375; 
1,227,743; 1,897,685; and 1,602,699, and whether an industry in the 
United States exists as required by subsection (a)(2) of Section 337; 
and
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--Philip Morris USA Inc., 6601 West Broad 
Street, Richmond, Virginia 23230.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served: G.K.L. International SRL d.b.a. all-cigarettes-brands.com, M. Costin Str., 7, Chisinau, MD-2068, Moldova; Emarket 
Systems Ltd. d.b.a. all-discount-cigarettes.com, 7 Craig St., Belize 
City, Belize; Jamen Chong d.b.a. Asiadfs.com, BLK 162, 02-110, 
Bukit Batok, Street 11, 650162, Singapore; Tri-kita d.b.a. 
Cheapcigarettes4all.com, Mr. Andrey Schvedov, Kosmonavtov 104a, 
Nikolaev, NA 54001, Ukraine; Mr. Eduard Lee d.b.a. 
Cigarettesonlineshop.com, Kyrgyz-Israel Joint Enterprise Master, 
Prospect Mira 303, Bishkek, Kyrgyzstan 720001, Kyrgyzstan; Zonitech 
Properties Limited d.b.a. Cigline.net, Suite 31, Don House, 30-38 Main 
Street, Gibraltar; Eugenia Moskovchuk d.b.a. Cigoutlet.biz, Alcesia 
SRL, Str. Damian L.28, Chisinau, MD-2059, Moldova; Best Products 
Solution Limited d.b.a. Dirtcheapbutts.com, Suite B, 28 Harley Street, 
London WIG 9QR, United Kingdom; Cendano d.b.a. Galastore.com, Suite 2, 
Portland House, Glacis Road, Gibraltar 34203, Gibraltar; LMB Trading SA 
d.b.a. k2smokes.ch, Vicolo Maderno 3, Bissone, CH-6816, Switzerland; 
Ms. Svetlana Trevinska d.b.a. Save-on-cigarettes.com, 312 Spaska, 43667 
Kiev, Ukraine; Zonitech Properties Limited d.b.a. Shopping-heaven.com, 
Suite 31, Don House, 30-38 Main Street, Gibraltar; G.K.L. International 
SRL d.b.a. smokerjim.net, M. Costin Str., 7, Chisinau, MD-2069, 
Moldova.
    (c) The Commission investigative attorney, party to this 
investigation, is Kecia J. Reynolds, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
cease and desist orders or both directed against the respondent.

    Issued: April 1, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-7005 Filed 4-3-08; 8:45 am]
BILLING CODE 7020-02-P