On April 17, 2009, ALJ Paul J. Luckern issued a Notice of his Enforcement Initial Determination (“ED”) which included the non-confidential title page, conclusions of law, and the order in Certain Ink Cartridges and Components Thereof (337-TA-565). According to the Notice, ALJ Luckern determined that enforcement respondents Ninestar Technology Company Ltd., Ninestar Technology Co., Ltd. and Town Sky, Incorporated violated the orders issued at the conclusion of Investigation No. 337-TA-565.
ALJ Luckern determined that the Ninestar and Town Sky compatible and remanufactured cartridges at issue are “covered products” under the Cease and Desist Order issued against it by the Commission on October 19, 2007. ALJ Luckern also determined that Ninestar and Town Sky failed to meet their burden to demonstrate their affirmative defenses and were “jointly and severally liable for violations of the Cease and Desist Orders in the amount of $20,504,974.16.”
ALJ Luckern further determined that Mipo International, Mipo America, Ribbon Tree USA, and Apex sold compatible and remanufactured cartridges that were “covered products” under the Cease and Desist Order issued by the Commission. ALJ Luckern also determined that the record supports imposition of a $9,700,000 civil penalty against Mipo International and Mipo America for violation of the Cease and Desist Order issued against Mipo America. Additionally, ALJ Luckern found that the record supports imposition of a $700,000 civil penalty against Ribbon Tree and Apex for violation of the Cease and Desist Order issued against them by the Commission.