Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 66051 

the Tariff Act of 1930, as amended, on 

behalf of NJOY, LLC of Scottsdale, 

Arizona. 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 vaporizer devices, cartridges 

used therewith, and components thereof 

by reason of the infringement of certain 

claims of U.S. Patent No. 11,497,864 

(‘‘the ’864 patent’’) and U.S. Patent No. 

10,334,881 (‘‘the ’881 patent’’). The 

complaint further alleges that an 

industry in the United States exists or 

is in the process of being established 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 a cease and desist order. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Pathenia M. Proctor, The 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 CFR 210.10 (2023). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

September 21, 2023, 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 claims 

1–48 of the ’864 patent and claims 1, 3, 

4, 6–9, 11, 12, 14–17, 19, 20, 22, 23, and 

25–27 of the ’881 patent, and whether 

an industry in the United States exists 

or is in the process of being established 

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 CFR 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 ‘‘electronic nicotine 

delivery systems (‘‘ENDS’’), cartridges 

or pods used therewith, and 

components thereof (cartridge housings, 

atomizers, subassemblies, devices 

subassemblies, chargers)’’; 

(3) Pursuant to Commission Rule 

210.50(b)(1), 19 CFR 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. 1337(d)(1), (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 complainant is: NJOY, LLC, 

9977 N. 90th Street, Suite 160, 

Scottsdale, Arizona 85258. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

JUUL Labs, Inc., 1000 F Street NW, 

Washington, DC 20004. 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, Suite 

401, Washington, DC 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 respondent in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 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 complainant 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 the 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 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: September 21, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20936 Filed 9–25–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–23–046] 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 2, 2023 at 11:00 

a.m. 

PLACE: Room 101, 500 E Street SW, 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Commission vote on Inv. Nos. 701– 

TA–382 and 731–TA–800, 801 and 803 

(Fourth Review) (Stainless Steel Sheet 

and Strip from Japan, South Korea, and 

Taiwan). The Commission currently is 

scheduled to complete and file its 

determinations and views of the 

Commission on October 16, 2023 . 

5. Outstanding action jackets: none. 

CONTACT PERSON FOR MORE INFORMATION: 

Sharon Bellamy, Supervisory Hearings 

and Information Officer, 202–205–2595. 

The Commission is holding the 

meeting under the Government in the 

Sunshine Act, 5 U.S.C. 552(b). In 

accordance with Commission policy, 

subject matter listed above, not disposed 

of at the scheduled meeting, may be 

carried over to the agenda of the 

following meeting. 


lotter on DSK11XQN23PROD with NOTICES1
66052 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 

By order of the Commission. 

Issued: September 21, 2023. 

Sharon Bellamy, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2023–20983 Filed 9–22–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–860 (Final)] 

Tin- and Chromium-Coated Steel Sheet 

From Japan; Denial of Request To 

Institute a Section 751(b) Review 

Concerning the Commission’s 

Affirmative Determination 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice that it has declined to institute a 

review pursuant to section 751(b) of the 

Tariff Act of 1930. 

DATES: September 19, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Alejandro Orozco (202–205–3177), 

Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436. 

Hearing-impaired persons can obtain 

information on this matter 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 (http://

www.usitc.gov). The public record for 

this matter may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—In August 2000, the 

Commission determined that a U.S. 

industry was materially injured by 

reason of imports of tin- and chromiumcoated steel sheet (‘‘TCCSS’’) from Japan 

found by the U.S. Department of 

Commerce (Commerce) to be sold in the 

United States at less than fair value. Tinand Chromium-Coated Steel Sheet from 

Japan, Inv. No. 731–TA–860 (Final), 

USITC Pub. 3337 (August 2000). The 

Commission’s affirmative determination 

was the subject of several appeals and 

three remand proceedings. Ultimately, 

in accordance with the Federal Circuit’s 

mandate, the U.S. Court of International 

Trade (CIT) affirmed the Commission’s 

second remand determination and thus 

reinstated the Commission’s affirmative 

material injury determination. See 

Nippon Steel Corporation, et al. v. 

United States, 31 CIT 1588, 433 F. Supp. 

2d 1336 (Ct. Int’l Trade 2007). 

In the first, second, and third full fiveyear reviews, the Commission found 

that revocation of the antidumping duty 

order on TCCSS from Japan would be 

likely to lead to continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. Tin- and 

Chromium-Coated Steel Sheet from 

Japan, Inv. No. 731–TA–860 (Review), 

USITC Pub. 3860 (June 2006); Tin- and 

Chromium-Coated Steel Sheet from 

Japan, Inv. No. 731–TA–860 (Second 

Review), USITC Pub. 4325 (May 2012); 

Tin- and Chromium-Coated Steel Sheet 

from Japan, Inv. No. 731–TA–860 

(Third Review), USITC Pub. 4795 (June 

2018). 

On August 5, 2022, a request for a 

changed circumstances review of the 

Commission’s affirmative determination 

regarding TCCSS from Japan was filed 

by the Can Manufacturers Institute 

(‘‘CMI’’), Silgan Containers, LLC 

(‘‘Silgan’’), Sonoco Product Company 

(‘‘Sonoco’’), Trivium Packaging USA 

Inc. (‘‘Trivium’’), Crown Holdings, Inc. 

(‘‘Crown’’), and Nippon Steel 

Corporation (‘‘NSC’’) (collectively, 

‘‘CMI’’). CMI’s request alleges that there 

have been significant changed 

circumstances since the Commission’s 

affirmative determination in the third 

five-year review. Specifically, CMI 

claims that there has been a dramatic 

reduction in the domestic industry’s 

production capacity for TCCSS since 

2018. CMI further contends that subject 

producers in Japan have reduced their 

TCCSS capacity since the last reviews 

and no longer possess excess capacity. 

On October 28, 2022, the Commission 

published a Federal Register notice 

inviting comments from the public on 

whether changed circumstances exist 

sufficient to warrant the institution of a 

changed circumstances review (87 FR 

65248, Oct. 28, 2022). Comments in 

response to this notice were filed on 

December 15, 2022. The Commission 

received separate submissions opposing 

the institution of a changed 

circumstances review filed on behalf of 

Cleveland-Cliffs Inc. and U.S. Steel 

Corporation. The Commission also 

received separate submissions in favor 

of instituting a changed circumstances 

review on behalf of The Consumer 

Brands Association (‘‘CBA’’), the Steel 

Tinplate Against Tariffs Coalition 

(‘‘STAT’’), and U.S. Representative 

Claudia Tenney. U.S. Representatives 

Salud Carbajal, Jim Costa, Mark 

DeSaulnier, and John Garamendi filed 

joint comments in support of initiating 

a changed circumstances review. 

On January 15, 2023, the Commission 

voted unanimously to waive its 45-day 

rule for determining whether to institute 

a changed circumstances review. 

On June 1, 2023, Commerce initiated, 

and the Commission instituted, the 

fourth five-year sunset review of the 

antidumping duty order on TCCSS from 

Japan. 88 FR 35832; 88 FR 35920. On 

September 5, 2023, the Commission 

voted unanimously to conduct a full 

review of the antidumping duty order 

on TCCSS from Japan. 88 FR 64464 

(Sept. 19, 2023). 

On September 19, 2023, the 

Commission determined not to institute 

a changed circumstances review of the 

antidumping duty order on TCCSS from 

Japan. The Commission found that 

conducting a changed circumstances 

review was unwarranted because it 

would be duplicative of the pending full 

five-year review. See Eveready Battery 

Co. Inc., v. United States, 77 F. Supp. 

2d 1327, 1334 (Ct. Int’l Trade, Nov. 23, 

1999) (finding that a request for a 

changed circumstances review was 

rendered moot by the Commission’s 

institution of a full five-year review); see 

also Diamond Sawblades and Parts 

Thereof from China, 79 FR 35568–69 

(June 23, 2014) (denying request for 

changed circumstances review because 

it would be duplicative of the ongoing 

full five-year review). 

Authority: This notice is published 

pursuant to section 207.45 of the 

Commission’s Rules of Practice and 

Procedure. 

By order of the Commission. 

Issued: September 20, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20817 Filed 9–25–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1374–1376 

(Review)] 

Citric Acid and Certain Citrate Salts 

From Belgium, Colombia, and 

Thailand; Notice of Commission 

Determinations to Conduct Full FiveYear Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice that it will proceed with full 

reviews pursuant to the Tariff Act of 

1930 to determine whether revocation of 


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