We note that the parties generally agree that a reduction in the penalty that parallels the Court’s correction to the number of infringing LFFPs is reasonable on remand.

The parties’ positions diverge, however, on the specific application of the measure of reduction, and then W h e r when Mr. Benun claims that his liability for the penalty has been discharged by the Commission’s settlement with Jazz in November 2005.

The Estate and Anthony Cossentino (“Cossentino”) dismiss their pending appeals of the ITC’s adoption of an administrative law judge’s finding of patent infringement by the Debtor relating to the period of August 21,2001 to December 12,2003, and the imposition of civil penalties resulting therefrom.

In addition, Mr. Benun unsuccessfully argued a variation of this claim in the Federal Circuit when he challenged the Commission’s finding of his joint and several liability and noted the Commission’s settlement with Jazz.

November 3,2006 Christy Thomas, Deputy Clerk, United States Court of Appeals for the Federal Circuit 71 7 Madison Place, NW Washington, DC 20439 Re: 04-161 8 - Fuji Photo Film

Please note that the contents of the CDs include confidential business idormation that is subject to an arlministrative protective order.

Please dispose of the DVD in accordance with your procedures for destroying confidential business information and noti@ me of its destruction.

I, Marilyn R Abbott, hereby cert@r that on November 3,2006, copies of the forgoing letter and referenced CDs were served upon the Court of Appeals for the Federal Circuit and the following parties as indicated: 500 E Street, SW Washington, DC 20436

Fuji, in support of Motion No. 406-206, argued that the finding and determination of the administrative law judge in issue are inconsistent with Fuii Photo Film Co. v. Int’l Trade Comm’n, 386 F.3d 1095 (Fed. Cir. 2004) (Full decision).

clearly examples of the associated accused products named in the vacating order by the Federal Circuit.” (Motion at 5 (emphasis in original).)

However, the F&i decision, the sole basis for Motion No. 406- 206, was before the Commission when it issued its Order of December 21,2004 and did not include Highway Holdings as a party to these proceedings.

I, Marilyn R. Abbott, hereby certify that the attached Order was served by hand upon Karin Norton, Esq., Rett V. Snotherly, Esq., and upon the following parties via first class mail,

Finally, the Commission has deemed respondents’ request for a stay moot in view of its decision to defer enforcement efforts until appeals of its civil penalty determinations are exhausted.

The Commission then requested, per the two-phase review established in the notice of initiation, separate briefing on whether to adopt the specific enforcement measures recommended by the ALJ.

Based upon its consideration of the E D , the submissions of the parties, and the entire record in this proceeding, the Commission adopts the ED’S recommendations and analysis concerning enforcement measures, except as otherwise noted or supplemented in its order and opinion (to be issued later).

Based upon its consideration of the ED, the submissions of the parties, and the entire record in this proceeding, the Commission hereby ORDERS that, subject to final adjudication of any appeal of its determinations respecting civil penalties:

Individuals who plan to attend and need special assistance, such as DATES: The meeting will be held August sign language interpretation, tour 24, 2004, beginning 9:30 a.m. at the transportation or other reasonable Tribal Headquarters of Shoshone-Paiute accohodations, should contact the Native American Indian Tribe, located BLM as provided below.

SUPPLEMENTARY INFORMATION: The 15-. member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Idaho* At the this actions occur/topics will be discussed Overview of Natural Resource Issues on the Duck Valley Reservation; Review of RAC and BLM co- sponsored Community Discussion on Western Juniper Management- Workshop held on July 22,2004; Report on Off-Highway Vehicle Route Designation efforts in the Lower Snake River District; Commission has determined not to review the administrative law judge’s (ALJ) initial enforcement determination (EID) on violation, including his determination to find Anthony Cossentino and Jack Benun subject to the cease and desist order issued to respondent Jazz Photo Cow.

final disposition nforcement The Commission is n o w conducting a proceedings, the ssion may issue SUMMARY: The Commission hereby gives second review to d e t e r n e whether civil penalties for violations of its cease revocation of the finding would be notice that it has instituted a review pursuant to section 751(c) of the ~ a r i f i likely to lead to coptinuation or Act of 1930 (19 U.S.C. 1675(c)) (the Act) recurrence of material injury‘to the within a reasonably to determine whether revocation of the domestic =tidumping finding on melamine from foreseeable time.

Pursuant to section 751(c)(2) of whether to review Or a n the Act, interested parties are requested to respond to this notice by subinitting the information specified below to the Commission;’ to be assured of consideration, the deadline for recommended in the ED.