[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