Certain Nicotine Pouches and Components Thereof and Methods of Making the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety; Termination of the Investigation, 40682-40683 [2020-14467]

Download as PDF 40682 Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices Julie Duffy ((202) 708–2579), 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 investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on June 30, 2020, by Insteel Industries Inc., Mount Airy, North Carolina; Mid South Wire Company, Nashville, Tennessee; National Wire LLC, Conroe, Texas; Oklahoma Steel & Wire Co., Madill, Oklahoma; and Wire Mesh Corp., Houston, Texas. For further information concerning the conduct of these investigations 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 and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in §§ 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:59 Jul 06, 2020 Jkt 250001 these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.— In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission is conducting its Title VII (antidumping and countervailing duty) preliminary phase staff conferences through submissions of written opening remarks and written testimony, staff questions and written responses to those questions, and postconference briefs. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before July 17, 2020. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before July 24, 2020, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written opening remarks and testimony to the Commission on or before July 17, 2020. Staff questions will be provided to the parties on July 21, 2020, and written responses should be submitted to the Commission on or before July 24, 2020. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: July 1, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–14537 Filed 7–6–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1192] Certain Nicotine Pouches and Components Thereof and Methods of Making the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 9) of SUMMARY: E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices the presiding administrative law judge (‘‘ALJ’’) granting complainants’ unopposed motion to terminate the investigation in its entirety based on withdrawal of the complaint. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. On March 12, 2020, the Commission instituted Inv. No. 337–TA–1192, Certain Nicotine Pouches and Components Thereof and Methods of Making the Same, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC of Richmond, Virginia; Pinkerton Tobacco Co., LP of Owensboro, Kentucky; and wm17 holding GmbH of Switzerland (collectively, ‘‘Complainants’’). 85 FR 14505–06 (Mar. 12, 2020). A supplement to the complaint was filed on February 21, 2020. The complaint alleges a violation 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 nicotine pouches and components thereof and methods of making the same by reason of infringement of certain claims of U.S. Patent No. 9,161,908 (‘‘the ’908 patent’’). Id. at 14505. The Commission’s notice of investigation names as respondents The Art Factory AB of Helsingborg, Sweden; Kretek International, Inc. of Moorpark, California; and DRYFT Sciences, LLC of Moorpark, California (collectively, ‘‘Respondents’’). Id. at 14506. The Commission’s Office of Unfair Import Investigations also was named as a party. Id. Subsequently, the investigation was terminated as to claims 18 and 20 of the ’908 patent. Order No. 7 (May 15, 2020), nonreviewed in relevant part by Commission Notice (June 15, 2020). jbell on DSKJLSW7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:59 Jul 06, 2020 Jkt 250001 On May 29, 2020, Complainants filed an unopposed motion seeking to terminate this investigation in its entirety based on withdrawal of the complaint. On June 11, 2020, the presiding ALJ issued the subject ID granting Complainants’ motion. The ALJ found that the motion complies with the Commission Rules, and that there are no extraordinary circumstances that warrant denying the motion. No party petitioned for review of the ID. The Commission has determined not to review the subject ID. The investigation is terminated. The Commission vote for this determination took place on June 30, 2020. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 30, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–14467 Filed 7–6–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1155] Certain Luxury Vinyl Tile and Components Thereof; Commission Determination To Review in Part and, on Review, To Affirm an Initial Determination Granting Summary Determination of Violation by Defaulting Respondents; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to review in part and, on review, to affirm an initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) granting summary determination of violation of section 337 by certain defaulting respondents. The Commission requests written submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 40683 FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On May 16, 2019, the Commission instituted this investigation based on a complaint filed by Mohawk Industries, Inc. of Calhoun, Georgia; Flooring Industries Ltd. Sarl of Bertrange, Luxembourg; and IVC US Inc. of Dalton, Georgia (collectively, ‘‘Complainants’’). 84 FR 22161 (May 16, 2019). The complaint, as supplemented, alleges a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’) in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain luxury vinyl tiles by reason of infringement of certain claims of U.S. Patent Nos. 9,200,460 (‘‘the ’460 patent’’); 10,208,490 (‘‘the ’490 patent’’); and 10,233,655 (‘‘the ’655 patent’’) (collectively, ‘‘the Asserted Patents’’). Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation names forty-five respondents, including: ABK Trading Corp. of Katy, Texas (‘‘ABK’’); Aurora Flooring LLC of Kennesaw, Georgia (‘‘Aurora’’); Changzhou Runchang Wood Co., Ltd. of Jiangsu, China (‘‘Runchang’’); Go-Higher Trading (Jiangsu) Co., Ltd. of Jiangsu, China (‘‘Go-Higher’’); Jiangsu Divine Building Technology Development Co., Ltd. Jiangsu, China (‘‘Divine’’); Jiangsu Lejia Plastic Co. Ltd. of Jiangsu, China (‘‘Lejia’’); JiangSu Licheer Wood Co., Ltd. of Jiangsu, China (‘‘Licheer’’); Maxwell Flooring Distribution LLC of Houston, Texas (‘‘Maxwell Flooring’’); Mr. Hardwood Inc. of Acworth, Georgia (‘‘Mr. Hardwood’’); and Sam Houston Hardwood Inc. of Houston, Texas (‘‘Sam Houston’’) (collectively, ‘‘Defaulting Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also participating in the investigation. Id. The Commission previously terminated the investigation as to thirty- E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Notices]
[Pages 40682-40683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14467]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1192]


Certain Nicotine Pouches and Components Thereof and Methods of 
Making the Same; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation in Its Entirety; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 9) of

[[Page 40683]]

the presiding administrative law judge (``ALJ'') granting complainants' 
unopposed motion to terminate the investigation in its entirety based 
on withdrawal of the complaint. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On March 12, 2020, the Commission instituted 
Inv. No. 337-TA-1192, Certain Nicotine Pouches and Components Thereof 
and Methods of Making the Same, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by NYZ AB of Stockholm, Sweden; Swedish Match North 
America, LLC of Richmond, Virginia; Pinkerton Tobacco Co., LP of 
Owensboro, Kentucky; and wm17 holding GmbH of Switzerland 
(collectively, ``Complainants''). 85 FR 14505-06 (Mar. 12, 2020). A 
supplement to the complaint was filed on February 21, 2020. The 
complaint alleges a violation 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 nicotine pouches and 
components thereof and methods of making the same by reason of 
infringement of certain claims of U.S. Patent No. 9,161,908 (``the '908 
patent''). Id. at 14505. The Commission's notice of investigation names 
as respondents The Art Factory AB of Helsingborg, Sweden; Kretek 
International, Inc. of Moorpark, California; and DRYFT Sciences, LLC of 
Moorpark, California (collectively, ``Respondents''). Id. at 14506. The 
Commission's Office of Unfair Import Investigations also was named as a 
party. Id. Subsequently, the investigation was terminated as to claims 
18 and 20 of the '908 patent. Order No. 7 (May 15, 2020), non-reviewed 
in relevant part by Commission Notice (June 15, 2020).
    On May 29, 2020, Complainants filed an unopposed motion seeking to 
terminate this investigation in its entirety based on withdrawal of the 
complaint.
    On June 11, 2020, the presiding ALJ issued the subject ID granting 
Complainants' motion. The ALJ found that the motion complies with the 
Commission Rules, and that there are no extraordinary circumstances 
that warrant denying the motion. No party petitioned for review of the 
ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated.
    The Commission vote for this determination took place on June 30, 
2020.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: June 30, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-14467 Filed 7-6-20; 8:45 am]
BILLING CODE 7020-02-P