Import investigations: Cigarettes and packaging,

[Federal Register: September 23, 1999 (Volume 64, Number 184)]

[Notices]

[Page 51555-51556]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23se99-99]

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-424]

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.

SUMMARY: Notice is hereby given that a complaint was filedwith the U.S. International Trade Commission on August 17, 1999, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Brown & Williamson Tobacco Corp., 1500 Brown & Williamson Tower, Louisville, Kentucky 40202. A supplement to the complaint was filedon September 8, 1999. The complaint, as supplemented, alleges violations of section 337 in 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 by reason of (a) infringement of U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, and 2,218,589, (b) unfair competition under the Lanham Act, (c) improper importation of products under the Lanham Act, and (d) dilution of the registered trademarks. The complaint further alleges that there exists an industry in the United States with respect to the asserted trademarks. The complaint further alleges that the threat or effect of the proposed respondents' unfair acts is to destroy or substantially injure that domestic industry.

The complainant requests that the Commission institute an investigation and, after a hearing, issue a permanent general exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information contained therein, is 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, S.W., Room 112, Washington, D.C. 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.

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2576. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov).

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 (1999).

Scope of Investigation

Having considered the complaint, the U.S. International Trade Commission, on September 16, 1999, ordered that

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine:

(a) 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 U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, or 2,218,589, and whether there exists an industry in the United States as required by subsection (a)(2) of section 337; and

(b) Whether there is a violation of subsection (a)(1)(A) 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 (I) dilution of U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, or 2,218,589, and (ii) false representation of source, or (iii) false

[[Page 51556]]

advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States.

(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: Brown & Williamson Tobacco Corp., 1500 Brown & Williamson Tower, Louisville, Kentucky 40202.

(b) The respondents are the following companies alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:

Allstate Cigarette Distributers, Inc., 6795 N.W. 87th Avenue, Miami, FL 33178 Prestige Storage & Distribution, Inc., 3400 McIntosh Road, A-3, Ft. Lauderdale, FL 33316 R.E. Tobacco Sales, Inc., 782 N.W. 42nd Avenue #534, Miami, FL 33126 Dood Enterprises, Inc., 830 S. Hill Street #850, Los Angeles, CA 90014

(c) Smith R. Brittingham IV, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, S.W., Room 401-M, Washington, D.C. 20436, who shall be the Commission investigative attorney, party to this investigation; and

(3) For the investigation so instituted, the Honorable Debra Morriss 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) of the Commission's Rules, 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 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 both an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or a cease and desist order or both directed against such respondent.

By order of the Commission.

Issued: September 17, 1999. Donna R. Koehnke, Secretary.

[FR Doc. 99-24716Filed9-22-99; 8:45 am]

BILLING CODE 7020-02-P