By Eric Schweibenz
On October 28, 2009, the United States International Trade Commission issued an Order denying a petition for reconsideration filed by Respondent Alcesia SRL (“Alcesia”) in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).

By way of background, this investigation was instituted on April 4, 2008, based on the complaint of Philip Morris USA, Inc.  On February 3, 2009, ALJ E. James Gildea issued an initial determination granting Phillip Morris’ motion for summary determination that Alcesia had violated Section 337.  On September 21, 2009, the Commission issued its final determination, affirming the ALJ’s summary determination finding of violation of Section 337 by Alcesia.  See our September 22 post for more details.  On October 2, 2009, Alcesia filed a petition for reconsideration requesting reconsideration of certain findings that formed the basis for the Commission’s conclusion that Alcesia violated Section 337.

In the October 28 Order, the Commission determined that “Alcesia’s petition for reconsideration of the Commission’s final determination neither raises new questions nor presents arguments that Alcesia has not made in previous briefing before the ALJ and the Commission.”  Accordingly, the Commission denied Alcesia’s petition for reconsideration for failure to satisfy the requirements of Commission Rule 210.47.