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Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 1 of 4 PageID# 28796
`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 1 of 4 PagelD# 28796
`
`EXHIBIT C
`EXHIBIT C
`
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 2 of 4 PageID# 28797
`
`UNITED STATES
`INTERNATIONAL TRADE COMMISSION
`
`------------------------------x
`
`In the Matter of Investigation No.
`
`
`
`CERTAIN TOBACCO HEATING ARTICLES 337-TA-1199
`
`AND COMPONENTS THEREOF
`
`------------------------------x
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pages:
`
`Place:
`
`Date:
`
`556 through 829 (with excerpts)
`Washington, D.C.
`January 27, 2021
`
`
`
`OPEN SESSIONS
`
`
`
`
`
`
`HERITAGE REPORTING CORPORATION
`Official Reporters
`1220 L Street, N.W., Suite 206
`Washington, D.C. 20005
`(202) 628-4888
`contracts@hrccourtreporters.com
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 3 of 4 PageID# 28798
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`
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` 556
`
`
` 1 UNITED STATES INTERNATIONAL TRADE COMMISSION
`
` 2 Washington, D.C.
`
` 3 Before the Honorable Clark S. Cheney
`
` 4 Administrative Law Judge
`
` 5
`
` 6 ------------------------------x
`
` 7 In the Matter of Investigation No.
`
` 8
`
` 9 CERTAIN TOBACCO HEATING ARTICLES 337-TA-1199
`
` 10 AND COMPONENTS THEREOF
`
` 11 ------------------------------x
`
` 12
`
` 13
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` 14
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` 15
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` 16 Wednesday, January 27, 2021
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` 17
`
` 18 EVIDENTIARY HEARING - VOLUME III - REMOTE
`
` 19
`
` 20
`
` 21 The parties met, via remote videoconferencing, pursuant to
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` 22 notice of the Administrative Law Judge, at 9:00 a.m.
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` 23 Eastern.
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` 24
`
` 25 Reported by: Karen Brynteson, RMR, CRR, FAPR
`
`
`
`
`
`
`Heritage Reporting Corporation
`(202) 628-4888
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 4 of 4 PageID# 28799
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`
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` 563
`
`
` 1 "Answer: None."
`
` 2 Did you -- was that -- did I read that
`
` 3 correctly?
`
` 4 A. Yes.
`
` 5 Q. Okay. Now, with regards to PMTAs, isn't it true
`
` 6 that at least as of the time of your deposition,
`
` 7 Mr. Clissold, you've never, not once, provided counsel on a
`
` 8 PMTA that was actually granted?
`
` 9 A. That is correct.
`
` 10 Q. In your experience, this 25 years of experience,
`
` 11 representing companies who are or are in the process of
`
` 12 submitting PMTAs, in that 25 years your experience is
`
` 13 limited to just two, correct?
`
` 14 A. For PMTAs, that sounds right.
`
` 15 Q. Okay. And just so we're clear, it's only 20 to
`
` 16 25 percent of your practice that's dedicated towards the
`
` 17 tobacco industry at all, right?
`
` 18 A. Yeah, it sort of fluctuates depending on what
`
` 19 FDA's doing at the time. So when their Deeming Rule came
`
` 20 out, are for example, it was a lot more than that. But
`
` 21 things die down in between time, but, yeah, 25 percent
`
` 22 overall.
`
` 23 Q. Now, do you recall, prior to providing your
`
` 24 prognostications about the probability of success of the
`
` 25 Vuse PMTAs, that you testified that the only thing you had
`
`
`
`
`
`
`Heritage Reporting Corporation
`(202) 628-4888
`
`

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