`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 1 of 4 PagelD# 28796
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`EXHIBIT C
`EXHIBIT C
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`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 2 of 4 PageID# 28797
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`UNITED STATES
`INTERNATIONAL TRADE COMMISSION
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`In the Matter of Investigation No.
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`CERTAIN TOBACCO HEATING ARTICLES 337-TA-1199
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`AND COMPONENTS THEREOF
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`Pages:
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`Place:
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`Date:
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`556 through 829 (with excerpts)
`Washington, D.C.
`January 27, 2021
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`OPEN SESSIONS
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`HERITAGE REPORTING CORPORATION
`Official Reporters
`1220 L Street, N.W., Suite 206
`Washington, D.C. 20005
`(202) 628-4888
`contracts@hrccourtreporters.com
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`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 3 of 4 PageID# 28798
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` 556
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` 1 UNITED STATES INTERNATIONAL TRADE COMMISSION
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` 2 Washington, D.C.
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` 3 Before the Honorable Clark S. Cheney
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` 4 Administrative Law Judge
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` 6 ------------------------------x
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` 7 In the Matter of Investigation No.
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` 8
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` 9 CERTAIN TOBACCO HEATING ARTICLES 337-TA-1199
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` 10 AND COMPONENTS THEREOF
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` 11 ------------------------------x
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` 16 Wednesday, January 27, 2021
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` 17
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` 18 EVIDENTIARY HEARING - VOLUME III - REMOTE
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` 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
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` 25 Reported by: Karen Brynteson, RMR, CRR, FAPR
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`Heritage Reporting Corporation
`(202) 628-4888
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`Case 1:20-cv-00393-LO-TCB Document 1017-3 Filed 02/11/22 Page 4 of 4 PageID# 28799
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` 563
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` 1 "Answer: None."
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` 2 Did you -- was that -- did I read that
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` 3 correctly?
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` 4 A. Yes.
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` 5 Q. Okay. Now, with regards to PMTAs, isn't it true
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` 6 that at least as of the time of your deposition,
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` 7 Mr. Clissold, you've never, not once, provided counsel on a
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` 8 PMTA that was actually granted?
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` 9 A. That is correct.
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` 10 Q. In your experience, this 25 years of experience,
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` 11 representing companies who are or are in the process of
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` 12 submitting PMTAs, in that 25 years your experience is
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` 13 limited to just two, correct?
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` 14 A. For PMTAs, that sounds right.
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` 15 Q. Okay. And just so we're clear, it's only 20 to
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` 16 25 percent of your practice that's dedicated towards the
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` 17 tobacco industry at all, right?
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` 18 A. Yeah, it sort of fluctuates depending on what
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` 19 FDA's doing at the time. So when their Deeming Rule came
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` 20 out, are for example, it was a lot more than that. But
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` 21 things die down in between time, but, yeah, 25 percent
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` 22 overall.
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` 23 Q. Now, do you recall, prior to providing your
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` 24 prognostications about the probability of success of the
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` 25 Vuse PMTAs, that you testified that the only thing you had
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`Heritage Reporting Corporation
`(202) 628-4888
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