Tapered Roller Bearings From China, 18668 [2024-05433]
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18668
Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–344 (Fifth
Review)]
Tapered Roller Bearings From China
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on tapered
roller bearings from China would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.2
Background
The Commission instituted this
review on September 1, 2023 (88 FR
60489) and determined on December 5,
2023 that it would conduct an expedited
review (89 FR 2982, January 17, 2024).
The Commission made this
determination pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determination in
this review on March 8, 2024. The views
of the Commission are contained in
USITC Publication 5497 (March 2024),
entitled Tapered Roller Bearings from
China: Investigation No. 731–TA–344
(Fifth Review).
By order of the Commission.
Issued: March 8, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024–05433 Filed 3–13–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1199
(Rescission)]
Certain Tobacco Heating Articles and
Components Thereof; Notice of
Commission Decision To Institute a
Rescission Proceeding and to;
Termination of the Rescission
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
SUMMARY:
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioner Amy A. Karpel not participating.
VerDate Sep<11>2014
16:47 Mar 13, 2024
Jkt 262001
a rescission proceeding and to rescind
the limited exclusion order (‘‘LEO’’) and
cease and desist orders (‘‘CDOs’’) issued
in the underlying investigation. The
rescission proceeding is terminated.
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 (‘‘the ’238
patent’’); 9,930,915 (‘‘the ’915 patent’’);
9,901,123 (‘‘the ’123 patent). The
complaint also alleges the existence of
a domestic industry. The notice of
investigation names the following
respondents: Altria Client Services LLC
(‘‘ACS’’) and Philip Morris USA, Inc.
(‘‘PM USA’’) both of Richmond,
Virginia, and Philip Morris Products
S.A. (‘‘PMPSA’’) of Neuchatel,
Switzerland (collectively,
‘‘Respondents’’). See id. The Office of
Unfair Import Investigations (‘‘OUII’’) is
also a party to the investigation. See id.
On September 29, 2021, the
Commission issued a final
determination finding a violation of
section 337, based on Respondents’
infringement of claims 1–3 and 5 of the
’915 patent and claims 27–30 of the ’123
patent, but not the ’238 patent. See 86
FR 54998–99 (Oct. 5, 2021). The
Commission further determined to issue
an LEO against Respondents’ infringing
products and CDOs against PM USA
and ACS (collectively, ‘‘the remedial
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
orders’’). See id. The Commission
determined not to impose a bond during
the period of Presidential review. See
id.
On December 1, 2021, Respondents
filed an appeal from the Commission’s
final determination with the U.S. Court
of Appeals for the Federal Circuit. See
Philip Morris Products S.A. v. ITC,
Appeal No. 2022–1227. On March 31,
2023, the Federal Circuit issued a
precedential opinion affirming the
Commission’s decision in full. See
Philip Morris Products S.A. v. ITC, 63
F.4th 1328 (Fed. Cir. 2023).
On February 8, 2024, Complainants
and Respondents filed a joint petition to
rescind the remedial orders based on a
settlement agreement between
Complainants and PMPSA. Pursuant to
Commission Rule 210.76(a)(3), 19 CFR
210.76(a)(3), the petition asserts that it
includes a confidential and public
version of the underlying agreement.
The petition also includes a statement
that there are no other agreements,
written or oral, express or implied
between the parties concerning the
subject matter of the investigation.
On February 20, 2024, OUII filed a
response stating that it did not support
the joint petition as filed. Specifically,
OUII argued the joint petition did not
substantially comply with the
requirements of Commission Rule
210.76(a)(3) because: (1) the attached
Schedule 3.1 Patent License Agreement
is not signed, and (2) respondents ACS
and PM USA are not parties to the
agreement. OUII further argued that
only PMPSA should be rescinded from
the remedial orders.
On February 22, 2024, Complainants
and Respondents filed a joint
supplement to their petition. The joint
supplement attaches the fully executed
Patent License Agreement as set forth in
Schedule 3.1 of the Settlement
Agreement. The joint supplement also
includes a discussion as to the scope of
the settlement agreement. OUII did not
file a further response to the joint
supplement to the petition.
Having reviewed the joint petition,
OUII’s response thereto, the joint
supplement to the petition, and the
record of the investigation, the
Commission has determined that the
joint petition, as supplemented with the
fully executed Patent License
Agreement, complies with the
Commission’s rules and therefore
granting the petition is warranted under
19 U.S.C. 1337(k) and 19 CFR 210.76.
The Commission has also determined
that the scope of the settlement
agreement does not preclude rescission
of all of the remedial orders issued. See
86 FR 13731–33 (Mar. 10, 2021)
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[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Notices]
[Page 18668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05433]
[[Page 18668]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-344 (Fifth Review)]
Tapered Roller Bearings From China
Determination
On the basis of the record \1\ developed in the subject five-year
review, the United States International Trade Commission
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the
Act''), that revocation of the antidumping duty order on tapered roller
bearings from China would be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\2\
---------------------------------------------------------------------------
\1\ The record is defined in Sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Commissioner Amy A. Karpel not participating.
---------------------------------------------------------------------------
Background
The Commission instituted this review on September 1, 2023 (88 FR
60489) and determined on December 5, 2023 that it would conduct an
expedited review (89 FR 2982, January 17, 2024).
The Commission made this determination pursuant to section 751(c)
of the Act (19 U.S.C. 1675(c)). It completed and filed its
determination in this review on March 8, 2024. The views of the
Commission are contained in USITC Publication 5497 (March 2024),
entitled Tapered Roller Bearings from China: Investigation No. 731-TA-
344 (Fifth Review).
By order of the Commission.
Issued: March 8, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05433 Filed 3-13-24; 8:45 am]
BILLING CODE 7020-02-P
