[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14505-14506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05082]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1192]


Certain Nicotine Pouches and Components Thereof and Methods of 
Making the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 10, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of NYZ AB of 
Sweden; Swedish Match North America, LLC of Richmond, Virginia; 
Pinkerton Tobacco Co., LP of Owensboro, Kentucky; and wm17 holding GmbH 
of Switzerland. A supplement to the complaint was filed on February 21, 
2020. The complaint, as supplemented, 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 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''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2559.

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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 6, 2020, 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 infringement of one or more of 
claims 1, 2, 5, 6, 9-18, 20, and 21 of the '908 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 ``powders containing a 
free nicotine salt held in some type of container, such as in a pouch 
or another

[[Page 14506]]

type of container used for shipment of the powder, and components 
thereof'';
    (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 complainants are:

NYZ AB, Sveav[auml]gen 44, SE-118 85 Stockholm, Sweden.
Swedish Match North America, LLC, Two James Center, 1021 East Cary 
Street, Suite 1600, Richmond, VA 23219.
Pinkerton Tobacco Co., LP, 1121 Industrial Drive, Owensboro, KY 42301.
wm17 holding GmbH, KBT Treuhand AG Zug, Neuhofstrasse 5A, 6340 Baar, 
Switzerland.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
The Art Factory AB, Landskronav[auml]gen 25B, SE-252 32 Helsingborg, 
Sweden.
Kretek International, Inc., 5449 Endeavour Court, Moorpark, CA 93021.
DRYFT Sciences, LLC, 5449 Endeavour Court, Moorpark, CA 93201.

    (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 respondents 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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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.
    Failure of a 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: March 9, 2020.
Lisa Barton,
 Secretary to the Commission.
[FR Doc. 2020-05082 Filed 3-11-20; 8:45 am]
 BILLING CODE 7020-02-P