[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