UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING
`ARTICLES AND COMPONENTS
`THEREOF
`
`Inv. No. 337-TA-1199
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of Investigation Pursuant to 19 U.S.C. 1337
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on April 9, 2020, under section 337 of the Tariff Act of 1930, as amended, on
`behalf of RAI Strategic Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor
`Company of Winston-Salem, North Carolina, and R.J. Reynolds Tobacco Company of Winston-
`Salem, North Carolina. A letter supplementing the complaint was filed on April 16, 2020. The
`complaint 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 tobacco
`heating articles and components thereof by reason of infringement of certain claims of U.S.
`Patent No. 9,839,238 (“the ’238 patent”); U.S. Patent No. 9,901,123 (“the ’123 patent”); and
`U.S. Patent No. 9,930,915 (“the ’915 patent”). The complaint further alleges that an industry in
`the United States exists as required by the applicable Federal Statute.
`
`The complainant requests 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, may
`be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help
`accessing EDIS, please email EDIS3Help@usitc.gov. 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.
`
`Ex. 2027-0001
`
`

`

`
`
`
`FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair Import
`Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
`
`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 C.F.R. 210.10 (2019).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`Trade Commission, on May 11, 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 claim 19 of the ’238 patent; claims 27-30 of the ’123 patent; and
`claims 1, 2, and 5 of the ’915 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 C.F.R. 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 “electric tobacco
`heating device systems and the associated tobacco sticks sold for use with the device systems”;
`
`(3) Pursuant to Commission Rule 210.50(b)(l), 19 C.F.R. § 210.50(b)(1), the presiding
`administrative law judge shall take evidence or other information and hear arguments from the
`parties or other interested persons with respect to the public interest in this investigation, as
`appropriate, and provide the Commission with findings of fact and a recommended
`determination on this issue, which shall be limited to the statutory public interest factors set forth
`in 19 U.S.C. §§ l337(d)(l), (f)(1), (g)(1);
`
`(4) 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:
`
`
`RAI Strategic Holdings, Inc.
`401 North Main Street
`Winston-Salem, NC 27101
`
`R.J. Reynolds Vapor Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`
`
`2
`
`
`
`
`
`
`
`Ex. 2027-0002
`
`

`

`
`
`
`
`R.J. Reynolds Tobacco Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`(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:
`
`
`
`
`Altria Client Services LLC
`6601 W. Broad Street
`Richmond, VA 23230
`
`Altria Group, Inc.
`6601 W. Broad Street
`Richmond, VA 23230
`
`Philip Morris USA, Inc.
`6601 W. Broad Street
`Richmond, VA 23230
`
`Philip Morris International Inc.
`120 Park Avenue
`New York, NY 10017
`
`
`
`
`
`
`
`
`
`Philip Morris Products S.A.
`Quai Jeanrenaud 3
`2000 Neuchâtel
`Switzerland
`
`
`(c) The Office of Unfair Import Investigations, U.S. International Trade
`
`
`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
`
`(5) 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 C.F.R. 210.13. Pursuant to 19 C.F.R. 201.16(e) and 210.13(a), as amended in 85
`FR 15798 (March 19, 2020), 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
`
`
`
`3
`
`Ex. 2027-0003
`
`

`

`
`
`
`
`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: May 11, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lisa R. Barton
`Secretary to the Commission
`
`
`
`4
`
`Ex. 2027-0004
`
`

`

`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING ARTICLES
`AND COMPONENTS THEREOF
`
`
`
`Inv. No. 337-TA-1199
`
`
`DESIGNATION OF OUII ATTORNEY
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations (“OUII”) hereby designates Sarah Sladic, Esq.
`
`(202) 205-2202, sarah.sladic@usitc.gov, as OUII's lead attorney for service of process. It is
`
`requested that all documents served by the Commission or filed by the parties in the above-
`
`referenced investigation be served upon this attorney.
`
`Respectfully submitted,
`
`Margaret Macdonald, Director
`
`
`
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-2560
`
`(202) 205-2158 (facsimile)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`May 11, 2020
`
`
`
`Ex. 2027-0005
`
`

`

`CERTAIN TOBACCO HEATING ARTICLES AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1199
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served via EDIS upon the Commission Investigative Attorney,
`Sarah Sladic, Esq., and the following parties as indicated, on May 12, 2020.
`
`Complainants:
`
`RAI Strategic Holdings, Inc.
`401 North Main Street
`Winston-Salem, NC 27101
`
`R.J. Reynolds Vapor Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`R.J. Reynolds Tobacco Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`On Behalf of Complainants:
`
`David M. Maiorana
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Email: dmaiorana@jonesday.com
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`Ex. 2027-0006
`
`

`

`CERTAIN TOBACCO HEATING ARTICLES AND
`COMPONENTS THEREOF
`Certificate of Service – Page 2
`Respondents:
`
`Altria Client Services LLC
`6601 W. Broad Street
`Richmond, VA 23230
`
`
`Altria Group, Inc.
`6601 W. Broad Street
`Richmond, VA 23230
`
`
`Philip Morris USA, Inc.
`6601 W. Broad Street
`Richmond, VA 23230
`
`
`Philip Morris International Inc.
`120 Park Avenue
`New York, NY 10017
`
`
`Philip Morris Products S.A.
`Quai Jeanrenaud 3
`2000 Neuchâtel
`Switzerland
`
`
`Embassy:
`
`Embassy of Switzerland
`2900 Cathedral Ave NW
`Washington, DC 2000
`
`
`
`
`
`
`
`Inv. No. 337-TA-1199
`
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`
`Ex. 2027-0007
`
`

`

`CERTAIN TOBACCO HEATING ARTICLES AND
`COMPONENTS THEREOF
`Certificate of Service – Page 3
`Government Agencies:
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`U.S. Bureau of Customs and Border Protection
`Intellectual Property Rights Branch
`Mint Annex Building
`799 9th Street, NW, 7th floor
`Washington, DC 20229-1177
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`
`
`
`Inv. No. 337-TA-1199
`
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`
`Ex. 2027-0008
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`May 12, 2020
`
`RAI Strategic Holdings, Inc.
`401 North Main Street
`Winston-Salem, NC 27101
`
`Re: Certain Tobacco Heating Articles and Componenets Thereof
`Inv. No. 337-TA-1199
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Ex. 2027-0009
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`May 12, 2020
`
`RJ Reynolds Vapor Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`Re: Certain Tobacco Heating Articles and Componenets Thereof
`Inv. No. 337-TA-1199
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Ex. 2027-0010
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`May 12, 2020
`
`RJ Reynolds Tobacco Company
`401 North Main Street
`Winston-Salem, NC 27101
`
`Re: Certain Tobacco Heating Articles and Componenets Thereof
`Inv. No. 337-TA-1199
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Ex. 2027-0011
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`May 12, 2020
`
` David M. Maiorana
`Jones Day
`901 Lakeside Avenue
`Cleveland, OH 44114
`
`Re: Certain Tobacco Heating Articles and Componenets Thereof
`Inv. No. 337-TA-1199
`
`Dear David M. Maiorana:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Ex. 2027-0012
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`May 11, 2020
`
`
`Altria Client Services LLC
`6601 W. Broad Street
`Richmond, VA 23230
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Altria
`Client Services LLC is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
`
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
`Ex. 2027-0013
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`May 11, 2020
`
`
`Altria Group, Inc.
`6601 W. Broad Street
`Richmond, VA 23230
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Altria
`Group, Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
`
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
`Ex. 2027-0014
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`May 11, 2020
`
`
`Philip Morris USA, Inc.
`6601 W. Broad Street
`Richmond, VA 233230
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Philip
`Morris USA, Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
`
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
`Ex. 2027-0015
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`May 11, 2020
`
`
`Philip Morris International Inc.
`120 Park Avenue
`New York, NY 10017
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Philip
`Morris International Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
`
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
`Ex. 2027-0016
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`May 11, 2020
`
`
`Philip Morris Products S.A.
`Quai Jeanrenaud 3
`Neuchatel, 2000
`Switzerland
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Philip
`Morris Products S.A. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
`
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`
`
`
`
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`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`
`Lisa R. Barton
`Secretary
`
`Ex. 2027-0017
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`May 11, 2020
`
`Embassy of Switzerland
`2900 Cathedral Avenue NW
`Washington, DC 20008
`
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). One or more of the parties named in the investigation is located in Switzerland.
`
`Pursuant to Commission Rule 210.11(a) (3), we are hereby serving you with a copy of
`the Complaint filed in this investigation together with a copy of the Commission’s Notice
`of Investigation.
`
`Sincerely,
`
` Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`
`Ex. 2027-0018
`
`

`

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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`May 11, 2020
`
`
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`
`Enclosure:
` 1. Notice of Investigation
`
`
`
`Ex. 2027-0019
`
`

`

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`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`May 11, 2020
`
`
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10th floor
`Washington, DC 20229-1177
`
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`
`Enclosure:
` 1. Notice of Investigation
`
`
`
`Ex. 2027-0020
`
`

`

`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`May 11, 2020
`
`
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`
`Enclosure:
` 1. Notice of Investigation
`
`
`
`Ex. 2027-0021
`
`

`

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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`May 11, 2020
`
`
`
`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`Re: Certain Tobacco Heating Articles and Components Thereof
`Inv. No. 337-TA-1199
`
`
`Dear Mr. Berkley:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`
`Enclosure:
` 1. Notice of Investigation
`
`
`
`Ex. 2027-0022
`
`