Law360, New York (October 06, 2009, 3:30 PM ET) -- Moldovan import company Alcesia SRL has fired back at the U.S. International Trade Commission's recent general exclusion order prohibiting the unlicensed entry of Philip Morris USA-brand cigarettes into the United States, arguing that the agency improperly classified the dispute as a gray market case and was prejudicial in its ruling by excluding certain products from the ban.
In a motion for reconsideration filed Monday with the ITC, Alcesia said the commission had given broad, unprecedented and seemingly limitless reach to gray market concepts by allowing Philip...