Sunshine Act Meetings, 66051-66052 [2023-20983]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices the Tariff Act of 1930, as amended, on behalf of NJOY, LLC of Scottsdale, Arizona. 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 vaporizer devices, cartridges used therewith, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,497,864 (‘‘the ’864 patent’’) and U.S. Patent No. 10,334,881 (‘‘the ’881 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 M. Proctor, The 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 (2023). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 21, 2023, 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 VerDate Sep<11>2014 18:18 Sep 25, 2023 Jkt 259001 infringement of one or more of claims 1–48 of the ’864 patent and claims 1, 3, 4, 6–9, 11, 12, 14–17, 19, 20, 22, 23, and 25–27 of the ’881 patent, and whether an industry in the United States exists or is in the process of being established 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 ‘‘electronic nicotine delivery systems (‘‘ENDS’’), cartridges or pods used therewith, and components thereof (cartridge housings, atomizers, subassemblies, devices subassemblies, chargers)’’; (3) Pursuant to Commission Rule 210.50(b)(1), 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 statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (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 complainant is: NJOY, LLC, 9977 N. 90th Street, Suite 160, Scottsdale, Arizona 85258. (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: JUUL Labs, Inc., 1000 F Street NW, Washington, DC 20004. (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 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 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 66051 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 the 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: September 21, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–20936 Filed 9–25–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–046] Sunshine Act Meetings United States International Trade Commission. TIME AND DATE: October 2, 2023 at 11:00 a.m. PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. Nos. 701– TA–382 and 731–TA–800, 801 and 803 (Fourth Review) (Stainless Steel Sheet and Strip from Japan, South Korea, and Taiwan). The Commission currently is scheduled to complete and file its determinations and views of the Commission on October 16, 2023 . 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory Hearings and Information Officer, 202–205–2595. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: E:\FR\FM\26SEN1.SGM 26SEN1 66052 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 By order of the Commission. Issued: September 21, 2023. Sharon Bellamy, Supervisory Hearings and Information Officer. material injury determination. See Nippon Steel Corporation, et al. v. United States, 31 CIT 1588, 433 F. Supp. 2d 1336 (Ct. Int’l Trade 2007). In the first, second, and third full fiveyear reviews, the Commission found [FR Doc. 2023–20983 Filed 9–22–23; 8:45 am] that revocation of the antidumping duty BILLING CODE 7020–02–P order on TCCSS from Japan would be likely to lead to continuation or recurrence of material injury to an INTERNATIONAL TRADE industry in the United States within a COMMISSION reasonably foreseeable time. Tin- and [Investigation No. 731–TA–860 (Final)] Chromium-Coated Steel Sheet from Tin- and Chromium-Coated Steel Sheet Japan, Inv. No. 731–TA–860 (Review), USITC Pub. 3860 (June 2006); Tin- and From Japan; Denial of Request To Chromium-Coated Steel Sheet from Institute a Section 751(b) Review Japan, Inv. No. 731–TA–860 (Second Concerning the Commission’s Review), USITC Pub. 4325 (May 2012); Affirmative Determination Tin- and Chromium-Coated Steel Sheet AGENCY: United States International from Japan, Inv. No. 731–TA–860 Trade Commission. (Third Review), USITC Pub. 4795 (June 2018). ACTION: Notice. On August 5, 2022, a request for a SUMMARY: The Commission hereby gives changed circumstances review of the notice that it has declined to institute a Commission’s affirmative determination review pursuant to section 751(b) of the regarding TCCSS from Japan was filed Tariff Act of 1930. by the Can Manufacturers Institute DATES: September 19, 2023. (‘‘CMI’’), Silgan Containers, LLC FOR FURTHER INFORMATION CONTACT: (‘‘Silgan’’), Sonoco Product Company Alejandro Orozco (202–205–3177), (‘‘Sonoco’’), Trivium Packaging USA Office of Investigations, U.S. Inc. (‘‘Trivium’’), Crown Holdings, Inc. International Trade Commission, 500 E (‘‘Crown’’), and Nippon Steel Street SW, Washington, DC 20436. Corporation (‘‘NSC’’) (collectively, Hearing-impaired persons can obtain ‘‘CMI’’). CMI’s request alleges that there information on this matter by contacting have been significant changed the Commission’s TDD terminal on 202– circumstances since the Commission’s 205–1810. Persons with mobility affirmative determination in the third impairments who will need special five-year review. Specifically, CMI assistance in gaining access to the claims that there has been a dramatic Commission should contact the Office reduction in the domestic industry’s of the Secretary at 202–205–2000. production capacity for TCCSS since General information concerning the 2018. CMI further contends that subject Commission may also be obtained by producers in Japan have reduced their accessing its internet server (https:// TCCSS capacity since the last reviews www.usitc.gov). The public record for and no longer possess excess capacity. this matter may be viewed on the On October 28, 2022, the Commission Commission’s electronic docket (EDIS) published a Federal Register notice at https://edis.usitc.gov. inviting comments from the public on whether changed circumstances exist SUPPLEMENTARY INFORMATION: sufficient to warrant the institution of a Background.—In August 2000, the changed circumstances review (87 FR Commission determined that a U.S. 65248, Oct. 28, 2022). Comments in industry was materially injured by reason of imports of tin- and chromium- response to this notice were filed on coated steel sheet (‘‘TCCSS’’) from Japan December 15, 2022. The Commission received separate submissions opposing found by the U.S. Department of Commerce (Commerce) to be sold in the the institution of a changed United States at less than fair value. Tin- circumstances review filed on behalf of and Chromium-Coated Steel Sheet from Cleveland-Cliffs Inc. and U.S. Steel Corporation. The Commission also Japan, Inv. No. 731–TA–860 (Final), received separate submissions in favor USITC Pub. 3337 (August 2000). The Commission’s affirmative determination of instituting a changed circumstances review on behalf of The Consumer was the subject of several appeals and Brands Association (‘‘CBA’’), the Steel three remand proceedings. Ultimately, in accordance with the Federal Circuit’s Tinplate Against Tariffs Coalition mandate, the U.S. Court of International (‘‘STAT’’), and U.S. Representative Claudia Tenney. U.S. Representatives Trade (CIT) affirmed the Commission’s Salud Carbajal, Jim Costa, Mark second remand determination and thus reinstated the Commission’s affirmative DeSaulnier, and John Garamendi filed VerDate Sep<11>2014 18:18 Sep 25, 2023 Jkt 259001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 joint comments in support of initiating a changed circumstances review. On January 15, 2023, the Commission voted unanimously to waive its 45-day rule for determining whether to institute a changed circumstances review. On June 1, 2023, Commerce initiated, and the Commission instituted, the fourth five-year sunset review of the antidumping duty order on TCCSS from Japan. 88 FR 35832; 88 FR 35920. On September 5, 2023, the Commission voted unanimously to conduct a full review of the antidumping duty order on TCCSS from Japan. 88 FR 64464 (Sept. 19, 2023). On September 19, 2023, the Commission determined not to institute a changed circumstances review of the antidumping duty order on TCCSS from Japan. The Commission found that conducting a changed circumstances review was unwarranted because it would be duplicative of the pending full five-year review. See Eveready Battery Co. Inc., v. United States, 77 F. Supp. 2d 1327, 1334 (Ct. Int’l Trade, Nov. 23, 1999) (finding that a request for a changed circumstances review was rendered moot by the Commission’s institution of a full five-year review); see also Diamond Sawblades and Parts Thereof from China, 79 FR 35568–69 (June 23, 2014) (denying request for changed circumstances review because it would be duplicative of the ongoing full five-year review). Authority: This notice is published pursuant to section 207.45 of the Commission’s Rules of Practice and Procedure. By order of the Commission. Issued: September 20, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–20817 Filed 9–25–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1374–1376 (Review)] Citric Acid and Certain Citrate Salts From Belgium, Colombia, and Thailand; Notice of Commission Determinations to Conduct Full FiveYear Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Pages 66051-66052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20983]


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INTERNATIONAL TRADE COMMISSION

[USITC SE-23-046]


Sunshine Act Meetings

Agency Holding the Meeting:  United States International Trade 
Commission.

TIME AND DATE: October 2, 2023 at 11:00 a.m.

PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: 
    1. Agendas for future meetings: none.
    2. Minutes.
    3. Ratification List.
    4. Commission vote on Inv. Nos. 701-TA-382 and 731-TA-800, 801 and 
803 (Fourth Review) (Stainless Steel Sheet and Strip from Japan, South 
Korea, and Taiwan). The Commission currently is scheduled to complete 
and file its determinations and views of the Commission on October 16, 
2023 .
    5. Outstanding action jackets: none.

CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory 
Hearings and Information Officer, 202-205-2595.
    The Commission is holding the meeting under the Government in the 
Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, 
subject matter listed above, not disposed of at the scheduled meeting, 
may be carried over to the agenda of the following meeting.


[[Page 66052]]


    By order of the Commission.

    Issued: September 21, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-20983 Filed 9-22-23; 8:45 am]
BILLING CODE 7020-02-P
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