The U.S. International Trade Commission (365体育投注网址ITC) has voted to institute an investigation of certain tobacco heating articles and components thereof. The products at issue in the investigation are described in the Commission’s .
The investigation is based on a complaint filed by RAI Strategic Holdings, Inc.; R.J. Reynolds Vapor Company; and R.J. Reynolds Tobacco Company, all of Winston-Salem, NC, on April 9, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tobacco heating articles and components thereof that infringe patents asserted by the complainants. The complainants request that the 365体育投注网址ITC issue a limited exclusion order and cease and desist orders.
365体育投注网址The 365体育投注网址ITC has identified the following as respondents in this investigation:
Altria Client Services LLC of Richmond, VA;
Altria Group, Inc., of Richmond, VA;
Philip Morris 365体育投注网址A, Inc., of Richmond, VA;
Philip Morris International Inc. of New York, NY; and
365体育投注网址 Philip Morris Products S.A. of Neuchatel, Switzerland.
By instituting this investigation (337-TA-1199), the 365体育投注网址ITC has not yet made any decision on the merits of the case. The 365体育投注网址ITC’s Chief Administrative Law Judge will assign the case to one of the 365体育投注网址ITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The 365体育投注网址ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the 365体育投注网址ITC will set a target date for completing the investigation. 365体育投注网址ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.