Certain Tobacco Heating Articles and Components Thereof; Institution of Investigation, 29482-29483 [2020-10422]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 29482 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: National Heritage Areas (NHAs) are designated by Congress as places of natural, cultural, and historic significance. Authorized by the Historic Sites Act of 1935 (54 U.S.C. Ch. 3201), the NPS NHA Program Office is responsible for tracking the performance and progress of each heritage area in implementing its management plans and goals. The reporting forms in the collection will track performance metrics needed to distribute funds and report on heritage area management and budgetary activities as directed by Congress. NHAs combine conservation, recreation, and economic development to form a cohesive, nationally important landscape. The NHA program currently includes 49 heritage areas. To track the performance of each NHA and facilitate mandated financial reporting, the NPS is requesting to use the two reporting forms listed below to collect information used to monitor the progress of each heritage area. • Annual Program Report—Part I Funding Report: This form is used to allocate Heritage Partnership Program (HPP) funds and prepare the annual NPS Budget Justification in response to directives from Congress. The information gathered includes required non-federal match sources; organizational sustainability planning; Heritage Area accomplishments and any challenges using the HPP funds. • Annual Program Report—Part II Progress Report: This form tracks progress and informs individual heritage area evaluations. Title of Collection: National Heritage Areas Program Annual Reporting Forms. OMB Control Number: 1024–NEW. Form Number: None. Type of Review: New. Respondents/Affected Public: NHA Coordinating Entities (Not-for-profit entities; Federal Commissions; Institutions of Higher Education; State and local governments). Total Estimated Number of Annual Respondents: 49. Total Estimated Number of Annual Responses: 108. Estimated Completion Time per Response: Part I Funding Report—10 hours and Part II Progress Report—40 hours. Total Estimated Number of Annual Burden Hours: 2,700 hours. Respondent’s Obligation: Required to obtain or retain a benefit. VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 Frequency of Collection: Annually. Total Estimated Annual Nonhour Burden Cost: None. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Phadrea Ponds, Acting Information Collection Clearance Officer, National Park Service. EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server at https:// www.usitc.gov. [FR Doc. 2020–10482 Filed 5–14–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1199] Certain Tobacco Heating Articles and Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of RAI Strategic Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor Company of WinstonSalem, North Carolina, and R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina. A letter supplementing the complaint was filed on April 16, 2020. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,839,238 (‘‘the ’238 patent’’); U.S. Patent No. 9,901,123 (‘‘the ’123 patent’’); and U.S. Patent No. 9,930,915 (‘‘the ’915 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Pathenia Proctor, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2019). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 11, 2020, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claim 19 of the ’238 patent; claims 27–30 of the ’123 patent; and claims 1, 2, and 5 of the ’915 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘electric tobacco heating device systems and the associated tobacco sticks sold for use with the device systems’’; (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: RAI Strategic Holdings, Inc., 401 North Main Street, Winston-Salem, NC 27101 R.J. Reynolds Vapor Company, 401 North Main Street, Winston-Salem, NC 27101 R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC 27101 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Altria Client Services LLC, 6601 W. Broad Street, Richmond, VA 23230 Altria Group, Inc., 6601 W. Broad Street, Richmond, VA 23230 Philip Morris USA, Inc., 6601 W. Broad Street, Richmond, VA 23230 Philip Morris International Inc., 120 Park Avenue, New York, NY 10017 Philip Morris Products S.A., Quai Jeanrenaud 3, 2000 Neuchaˆtel, Switzerland (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR. 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–10422 Filed 5–14–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–512 and 731– TA–1248 (Review)] Carbon Steel Wire Rod From China; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order and countervailing duty order on carbon steel wire rod from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: March 6, 2020. FOR FURTHER INFORMATION CONTACT: Hugh Smachlo (202–205–3289), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On March 6, 2020, the Commission determined that the domestic interested party group response to its notice of institution (84 FR 66007, December 2, 2019) of the subject five-year reviews was adequate and that the respondent interested party SUMMARY: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 29483 group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on May 15, 2020, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before May 20, 2020 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by May 20, 2020. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found the joint response submitted by Charter Steel, Commercial Metals Company, EVRAZ Rocky Mountain Steel, Liberty Steel USA, Nucor Corporation, and Optimus Steel LLC, to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29482-29483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10422]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1199]


Certain Tobacco Heating Articles and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 9, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of RAI Strategic 
Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor 
Company of Winston-Salem, North Carolina, and R.J. Reynolds Tobacco 
Company of Winston-Salem, North Carolina. A letter supplementing the 
complaint was filed on April 16, 2020. The complaint alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain tobacco heating articles and components thereof 
by reason of infringement of certain claims of U.S. Patent No. 
9,839,238 (``the '238 patent''); U.S. Patent No. 9,901,123 (``the '123 
patent''); and U.S. Patent No. 9,930,915 (``the '915 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute. The complainant requests 
that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and cease and desist 
orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised
    that information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 11, 2020, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claim 19 of the '238 patent; claims 27-30 of the '123 patent; and 
claims 1, 2, and 5 of the '915 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``electric tobacco 
heating device systems and the associated tobacco sticks sold for use 
with the device systems'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the

[[Page 29483]]

statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

RAI Strategic Holdings, Inc., 401 North Main Street, Winston-Salem, NC 
27101
R.J. Reynolds Vapor Company, 401 North Main Street, Winston-Salem, NC 
27101
R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC 
27101
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Altria Client Services LLC, 6601 W. Broad Street, Richmond, VA 23230
Altria Group, Inc., 6601 W. Broad Street, Richmond, VA 23230
Philip Morris USA, Inc., 6601 W. Broad Street, Richmond, VA 23230
Philip Morris International Inc., 120 Park Avenue, New York, NY 10017
Philip Morris Products S.A., Quai Jeanrenaud 3, 2000 Neuch[acirc]tel, 
Switzerland

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR. 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
Commission of the complaint and the notice of investigation. Extensions 
of time for submitting responses to the complaint and the notice of 
investigation will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-10422 Filed 5-14-20; 8:45 am]
BILLING CODE 7020-02-P