Certain Tobacco Heating Articles and Components Thereof; Commission Determination Not to Review an Initial Determination Granting Complainants' Motion for Leave to Amend the Complaint and Notice of Investigation, 52152-52153 [2020-18477]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 52152 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices 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 the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on November 9, 2020, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Tuesday, December 1, 2020. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https:// www.usitc.gov/calendarpad/ calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before November 24, 2020. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on November 30, 2020, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by §§ 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 provisions of § 207.23 of the Commission’s rules; the deadline for filing is November 17, 2020. Parties should file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission’s rules and provided in hearing procedures, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is December 10, 2020. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before December 10, 2020. On December 28, 2020, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before December 30, 2020, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. 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. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed 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. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Issued: August 18, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–18443 Filed 8–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1199] Certain Tobacco Heating Articles and Components Thereof; Commission Determination Not to Review an Initial Determination Granting Complainants’ Motion for Leave to Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 9) of the presiding administrative law judge (‘‘ALJ’’) granting the complainants’ motion for leave to amend the complaint and notice of investigation. 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 15, 2020, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. Reynolds Tobacco Company, all of Winston-Salem, North Carolina (collectively, ‘‘Complainants’’). See 85 FR 29482–83. The complaint, as supplemented, alleges a violation of section 337 based upon the importation of certain tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 9,839,238; 9,901,123; and SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices 9,930,915 (‘‘the ’915 patent’’). The complaint also alleges the existence of a domestic industry. The notice of investigation names five respondents: Altria Client Services LLC, Altria Group, Inc., and Philip Morris USA, Inc., all of Richmond, Virginia; Philip Morris International Inc. of New York, New York; and Philip Morris Products S.A. of Neuchatel, Switzerland (collectively, ‘‘Respondents’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. On July 13, 2020, Complainants filed a motion seeking leave to amend the complaint and notice of investigation to add allegations that Respondents infringe claim 3 of the ’915 patent. On July 23, 2020, Respondents filed an opposition. That same day, OUII filed a response supporting Complainants’ motion. On July 27, 2020, Complainants filed a motion seeking leave to submit a reply brief in support of its motion. The subject ID grants the motion for leave and Complainants’ reply is deemed filed. On July 29, 2020, the ALJ issued the subject ID (Order No. 9) granting Complainants’ motion for leave to amend the complaint and notice of investigation. Order No. 9 (July 29, 2020). The subject ID finds that Complainants’ motion is supported by good cause pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)) and that there is no prejudice if the motion is granted. No party petitioned for review of the subject ID. The Commission has determined not to review the subject ID. The Commission vote for this determination took place on August 18, 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: August 18, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–18477 Filed 8–21–20; 8:45 am] BILLING CODE 7020–02–P jbell on DSKJLSW7X2PROD with NOTICES INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1215] Certain Mobile Electronic Devices and Laptop Computers; Institution of Investigation U.S. International Trade Commission. AGENCY: VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 ACTION: Notice. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. 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 mobile electronic devices and laptop computers by reason of infringement of certain claims of U.S. Patent No. 7,203,517 (‘‘the ’517 patent’’); U.S. Patent No. 8,982,086 (‘‘the ’086 patent’’); U.S. Patent No. 7,199,821 (‘‘the ’821 patent’’); U.S. Patent No. 10,129,590 (‘‘the ’590 patent’’); and U.S. Patent No. 10,176,848 (‘‘the ’848 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 a cease and desist order. 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 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. 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 18, 2020, Ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted SUMMARY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 52153 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 claims 9 and 10 of the ’517 patent; claims 1–4 of the ’086 patent; claims 1, 4, 6, and 7 of the ’821 patent; claims 1–10 of the ’590 patent; and claims 8, 10–13, and 15–20 of the ’848 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 ‘‘mobile devices, tablets, smartwatches, and laptop computers sold under the Apple brand name’’; (3) 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 complainant is: Maxell, Ltd., 1 Koizumi, Oyamazaki, Oyamazaki-cho, Otokuni-gun, Kyoto, Japan (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Apple Inc., One Apple Park Way, Cupertino, CA 95014 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) 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 respondent 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 complainant 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. E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52152-52153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18477]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1199]


Certain Tobacco Heating Articles and Components Thereof; 
Commission Determination Not to Review an Initial Determination 
Granting Complainants' Motion for Leave to Amend the Complaint and 
Notice of 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 has determined not to review an initial determination 
(``ID'') (Order No. 9) of the presiding administrative law judge 
(``ALJ'') granting the complainants' motion for leave to amend the 
complaint and notice of investigation.

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 
[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 May 15, 2020, the Commission instituted 
this investigation under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. 
Reynolds Tobacco Company, all of Winston-Salem, North Carolina 
(collectively, ``Complainants''). See 85 FR 29482-83. The complaint, as 
supplemented, alleges a violation of section 337 based upon the 
importation of certain tobacco heating articles and components thereof 
by reason of infringement of certain claims of U.S. Patent Nos. 
9,839,238; 9,901,123; and

[[Page 52153]]

9,930,915 (``the '915 patent''). The complaint also alleges the 
existence of a domestic industry. The notice of investigation names 
five respondents: Altria Client Services LLC, Altria Group, Inc., and 
Philip Morris USA, Inc., all of Richmond, Virginia; Philip Morris 
International Inc. of New York, New York; and Philip Morris Products 
S.A. of Neuchatel, Switzerland (collectively, ``Respondents''). See id. 
The Office of Unfair Import Investigations (``OUII'') is also a party 
to the investigation. See id.
    On July 13, 2020, Complainants filed a motion seeking leave to 
amend the complaint and notice of investigation to add allegations that 
Respondents infringe claim 3 of the '915 patent. On July 23, 2020, 
Respondents filed an opposition. That same day, OUII filed a response 
supporting Complainants' motion. On July 27, 2020, Complainants filed a 
motion seeking leave to submit a reply brief in support of its motion. 
The subject ID grants the motion for leave and Complainants' reply is 
deemed filed.
    On July 29, 2020, the ALJ issued the subject ID (Order No. 9) 
granting Complainants' motion for leave to amend the complaint and 
notice of investigation. Order No. 9 (July 29, 2020). The subject ID 
finds that Complainants' motion is supported by good cause pursuant to 
Commission Rule 210.14(b) (19 CFR 210.14(b)) and that there is no 
prejudice if the motion is granted. No party petitioned for review of 
the subject ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on August 18, 
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: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18477 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P

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