XT 2003-07 - Excise And Motor Fuel Tax Division Information
Release – Notice About Master Cigarette Settlement Agreement
(MSA) - July 3, 2003
DEFAULT JUDGMENTS ISSUED
The Franklin County (Ohio) Court of Common Pleas, at the
request of the Ohio Attorney General, granted default
judgments against GTC Industries, Ltd. and
M/S Mohanlal Hargovinddas Bidi Udyog Private,
Ltd. The judgments prohibit the companies from
selling cigarettes to consumers within Ohio, whether directly
or through a distributor, retailer, or similar intermediary
or intermediaries. The judgment against GTC
Industries, Ltd. includes, but is not limited to,
the Double Diamond, Miss Diamond, A-One, Esquire, and
Chancellor brands and is effective immediately and lasts
until June 13, 2005. The judgment against M/S
Mohanlal Hargovinddas Bidi Udyog Private, Ltd.
includes, but is not limited to, the Sher, Guru, and Pahelwan
brands and is effective immediately and lasts until May 21,
2005.
The default judgments prohibit the sale, but not the
possession, of brands manufactured or distributed by GTC
Industries, Ltd. and M/S Mohanlal Hargovinddas Bidi Udyog
Private, Ltd. Wholesalers, if necessary, may apply for a
refund of the Ohio cigarette tax if the stamped packages are
returned to the manufacturer in accordance with Ohio
Administrative Rule 5703-15-15 or sold out-of-state after the
Ohio stamps are removed from the package.
COMPLAINTS
The Ohio Attorney General's Office filed complaints with the
Franklin County (Ohio) Court of Common Pleas against the
following companies for failure to make payments to a
qualified escrow account.
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Manufacturer
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Brands
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Tabacalers Nacional S.A.A.
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Argent, Golden Beach, Unify
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Grand River Enterprises Six Nations,
Ltd.
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Seneca, Opal
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The complaints seek preliminary and permanent injunctive
relief ordering them not to sell cigarettes to consumers in
Ohio either directly or through a distributor, retailer, or
other similar intermediary or intermediaries includes, but is
not limited to, the above brands.
Any injunction issued against these companies may prohibit
the sale, but not the possession, of their products in the
state of Ohio. Wholesalers, if necessary, may apply for a
refund of the Ohio cigarette tax if the stamped packages are
returned to the manufacturer in accordance with Ohio
Administrative Rule 5703-15-15 or sold out-of-state after the
Ohio stamps are removed from the package. We will notify you
if injunctions are issued.
New Signatory
Bekenton, S.A. is a new signatory to the
Cigarette Master Settlement Agreement. Their cigarette brand,
The Brave, should no longer be reported on your Master
Settlement Agreement Report (Form ET-60). This change is
effective immediately and is retroactive to July 1, 2000.
Please contact us if you have any questions.
Ohio Department of Taxation
Motor Fuel and Excise Tax Section
P.O. Box 530
Columbus, Ohio 43216-0530
Telephone: (614) 466-7026
Fax: (614) 752-8644
Web site: http://tax.ohio.gov/