Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 1 of 5 PageID# 14978
`Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 1 of 5 Page|D# 14978
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 2 of 5 PageID# 14979
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` UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C. 20436
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`In the Matter of
`CERTAIN TOBACCO HEATING
`ARTICLES AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1199
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`NOTICE OF REQUEST FOR SUBMISSIONS ON THE PUBLIC INTEREST
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that on May 14, 2021, the presiding administrative law
`judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also issued
`a Recommended Determination on remedy and bonding should a violation be found in the
`above-captioned investigation. The Commission is soliciting submissions on public interest
`issues raised by the recommended relief should the Commission find a violation. This notice is
`soliciting comments from the public only.
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`FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3228. 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 EDIS3Help@usitc.gov. 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, telephone 202-205-1810.
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`SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if
`the Commission finds a violation, it shall exclude the articles concerned from the United States:
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`unless, after considering the effect of such exclusion upon the
`public health and welfare, competitive conditions in the United
`States economy, the production of like or directly competitive
`articles in the United States, and United States consumers, it finds
`that such articles should not be excluded from entry.
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`19 U.S.C. 1337(d)(1).
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`The Commission is soliciting submissions on public interest issues raised by the
`recommended relief should the Commission find a violation, specifically, a limited exclusion
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`Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 3 of 5 PageID# 14980
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`order directed to certain tobacco heating articles and components thereof imported, sold for
`importation, and/or sold after importation by respondents Altria Client Services LLC and Philip
`Morris USA, Inc., both of Richmond, Virginia; and Philip Morris Products S.A. of Neuchatel,
`Switzerland. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).
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`The Commission is interested in further development of the record on the public interest
`in this investigation. Accordingly, members of the public are invited to file submissions of no
`more than five (5) pages, inclusive of attachments, concerning the public interest in light of the
`ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on
`May 14, 2021. Comments should address whether issuance of the recommended remedial orders
`in this investigation, should the Commission find a violation, would affect the public health and
`welfare in the United States, competitive conditions in the United States economy, the
`production of like or directly competitive articles in the United States, or United States
`consumers.
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`In particular, the Commission is interested in comments that:
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`(i)
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`explain how the articles potentially subject to the recommended remedial orders
`are used in the United States;
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`Persons filing written submissions must file the original document electronically on or
`before the deadlines stated above. The Commission’s paper filing requirements in
`19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer
`to the investigation number (“Inv. No. 337-TA-1199”) in a prominent place on the cover page
`and/or the first page. (See Handbook for Electronic Filing Procedures,
`https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions
`regarding filing should contact the Secretary (202-205-2000).
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`Any person desiring to submit a document to the Commission in confidence must request
`confidential treatment. All such requests should be directed to the Secretary to the Commission
`and must include a full statement of the reasons why the Commission should grant such
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`(ii)
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`(iii)
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`(iv)
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`(v)
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`identify any public health, safety, or welfare concerns in the United States relating
`to the recommended orders;
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`identify like or directly competitive articles that complainant, its licensees, or
`third parties make in the United States which could replace the subject articles if
`they were to be excluded;
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`indicate whether complainant, complainant's licensees, and/or third-party
`suppliers have the capacity to replace the volume of articles potentially subject to
`the recommended orders within a commercially reasonable time; and
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`explain how the recommended orders would impact consumers in the United
`States.
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`Written submissions must be filed no later than by close of business on June 14, 2021.
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`Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 4 of 5 PageID# 14981
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`treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission
`is properly sought will be treated accordingly. All information, including confidential business
`information and documents for which confidential treatment is properly sought, submitted to the
`Commission for purposes of this Investigation may be disclosed to and used: (i) by the
`Commission, its employees and Offices, and contract personnel (a) for developing or
`maintaining the records of this or a related proceeding, or (b) in internal investigations, audits,
`reviews, and evaluations relating to the programs, personnel, and operations of the Commission
`including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract
`personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate
`nondisclosure agreements. All nonconfidential written submissions will be available for public
`inspection on EDIS.
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`This action is taken under the authority of 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).
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`By order of the Commission.
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`Issued: May 20, 2021
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`Lisa R. Barton
`Secretary to the Commission
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`Case 1:20-cv-00393-LO-TCB Document 663-1 Filed 05/26/21 Page 5 of 5 PageID# 14982
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`CERTAIN TOBACCO HEATING ARTICLES AND
`COMPONENTS THEREOF
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`Inv. No. 337-TA-1199
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served via EDIS
`upon the Commission Investigative Attorney, Sarah Sladic, Esq., and the following parties as
`indicated, on May 20, 2021.
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`On Behalf of Complainants RAI Strategic Holdings, Inc., R.J.
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`Reynolds Vapor Company, and R.J. Reynolds Tobacco
`Company:
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`David M. Maiorana, Esq.
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Email: dmaiorana@jonesday.com
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`On Behalf of Respondents Altria Client Services LLC, Philip
`Morris USA, Inc., and Philip Morris Products S.A.:
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`Maximilian A. Grant, Esq.
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`Email: max.grant@lw.com
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`☒ Other: Email Notification
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