[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 35109-35110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12362]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1130]


Certain Beverage Dispensing Systems and Components Thereof; 
Commission Decision To Institute a Rescission Proceeding and To Grant a 
Petition for Rescission of a Limited Exclusion Order and a Cease and 
Desist Order; Rescission of a Limited Exclusion Order and a Cease and 
Desist Order; Termination of Rescission Proceeding

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 to institute a rescission 
proceeding in the above-captioned investigation and to grant a joint 
motion for rescission of the limited exclusion order (``LEO'') and the 
cease and desist order (``CDO'') previously issued in the 
investigation. The LEO and CDO are rescinded and the rescission 
proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. 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: The Commission instituted this investigation 
on September 5, 2018, based on a complaint filed by Heineken 
International B.V. and Heineken Supply Chain B.V., both of Amsterdam, 
The Netherlands; and Heineken USA Inc. of White Plains, New York 
(collectively, ``Heineken''). 83 FR 45141, 45141-42 (Sept. 5, 2018). 
The complaint alleges a violation section 337 of the Tariff Act 1930, 
as amended, 19 U.S.C. 1337 (``section 337'') in the importation into 
the United States, sale for importation, or sale in the United States 
after importation of certain beverage dispensing systems and components 
thereof that allegedly infringe claims 1-11 of U.S. Patent No. 
7,188,751 (``the '751 patent''). Id. The notice of investigation names 
as respondents Anheuser-Busch InBev SA, and InBev Belgium NV both of 
Leuven, Belgium; and Anheuser-Busch, LLC of St. Louis, Missouri 
(collectively, ``ABI''). Id. The Office of Unfair Import Investigations 
was not named as a party to this investigation. Id.
    On March 11, 2020, the Commission terminated the investigation with 
a finding of violation of section 337 as to claims 1, 3, 7, and 10 of 
the '751 patent. 85 FR 15223, 15224 (Mar. 17, 2020). The

[[Page 35110]]

Commission issued an LEO prohibiting the entry of infringing beverage 
dispensing systems and components thereof and a CDO directed to 
respondent Anheuser-Busch LLC. Id.
    On May 4, 2020, Heineken and ABI filed a joint petition to rescind 
the limited exclusion order and the cease and desist order based on a 
settlement agreement. The petition contains confidential and non-
confidential versions of the Global Settlement Agreement between the 
parties. On May 26, 2020, the parties supplemented their petition to 
state that there are no other agreements, written or oral, express or 
implied between the parties concerning the subject matter of the 
investigation. See 19 CFR 210.76(a)(3).
    Having reviewed the petition, as supplemented, and determined that 
it complies with Commission rules, the Commission has determined to 
institute a rescission proceeding and to grant the petition. The LEO 
and the CDO are hereby rescinded.
    The rescission proceeding is terminated.
    The Commission vote for this determination took place on June 3, 
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 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12362 Filed 6-5-20; 8:45 am]
BILLING CODE 7020-02-P