On June 19, 2009, the International Trade Commission issued a notice determining not to review the April 17, 2007 Enforcement Initial Determination (“ED”) issued by Chief Administrative Law Judge Paul J. Luckern in Certain Ink Cartridges and Components Thereof (337-TA-565).

As explained in our April 21 post, 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 further determined that Mipo International, Mipo America, Ribbon Tree USA, and Apex Distributing Inc. sold compatible and remanufactured cartridges that were “covered products” under the cease and desist order issued by the Commission.  ALJ Luckern also recommended that the Commission impose civil penalties for such violations.

According to the notice, the “Commission may levy civil penalties for violation of the cease and desist orders and consent order,” and thus “[p]arties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the amount of civil penalties to be imposed.”  Written submissions on this issue are due on July 3, 2009 and reply submissions are due on July 13, 2009.