On November 23, 2011, the International Trade Commission (“Commission”) issued a notice generally affirming an Initial Determination (“ID”) by ALJ E. James Gildea granting Complainant Schweitzer-Mauduit International Inc.’s (“SWM”) motion for summary determination that it satisfies the economic prong of the domestic industry requirement in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

By way of background, SWM filed a motion for summary determination on July 6, 2011, that its possession of significant investment in plant and equipment, significant employment of labor and capital, and substantial investment in research, development, design, and engineering satisfy the economic prong of the domestic industry requirement.  On July 26, 2011, the Commission Investigative Attorney filed a response supporting SWM’s motion.  According to the notice, various respondents submitted objections with respect to the domestic industry requirement.  ALJ Gildea issued the ID on October 24, 2011, granting SWM’s motion.  No petitions for review were filed.

According to the Notice, the Commission determined to review the subject ID and affirmed the ID with respect to 19 U.S.C. § 1337(a)(3)(A) and (B) (i.e., that SWM had significant investment in plant and equipment, and significant employment of labor or capital, respectively).  However, the Commission took no position with respect to 19 U.S.C. § 1337(a)(3)(C) (i.e., whether SWM had substantial investment in the exploitation, including engineering, research and development, or licensing articles protected by the subject patents).