Notice2021-22815
Certain Vaporizer Cartridges and Components Thereof; Notice of Request for Submissions on the Public Interest
Primary source
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Published
October 20, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on October 14, 2021, the presiding administrative law judge (``ALJ'') issued a Summary Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding (``RD'') 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.
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58099-58100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22815]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1211]
Certain Vaporizer Cartridges and Components Thereof; Notice of
Request for Submissions on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that on October 14, 2021, the presiding
administrative law judge (``ALJ'') issued a Summary Determination on
Violation of Section 337. The ALJ also issued a Recommended
Determination on remedy and bonding (``RD'') 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.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#4a0f0e031979022f263a0a3f39233e29642d253c"><span class="__cf_email__" data-cfemail="df9a9b968cec97bab3af9faaacb6abbcf1b8b0a9">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
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:
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.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting submissions on public interest issues
raised by the recommended relief should the Commission find a
violation. Specifically, the RD recommends a general exclusion order
directed to certain vaporizer cartridges and components thereof.
Alternatively to the general exclusion order, the RD recommends a
limited exclusion order directed to certain vaporizer cartridges and
components thereof imported, sold for importation, and/or sold after
importation by respondents 101 Smoke Shop, Inc. (``101 Smoke Shop'');
Eon Pods LLC (``Eon Pods''); Jem Pods, U.S.A. (``Jem Pods''); Sky
Distribution LLC (``Sky Distribution''); Vapers & Papers, LLC (``Vapers
& Papers''); Access Vapor LLC d/b/a Cali Pods (``Access Vapor'');
eLiquid Stop; Shenzhen Apoc Technology Co., Ltd.; Shenzhen Ocity Times
Technology Co., Ltd.; Evergreen Smokeshop; Shenzhen Azure Tech USA LLC
f/k/a DS Vaping P.R.C. (``Shenzhen Azure''); DripTip Vapes LLC
(``DripTip Vapes''); Modern Age Tobacco; Dongguan Hengtai Biotechnology
Co., Ltd. d/b/a Mr. Fog; Shenzhen Yark Technology Co., Ltd.; Guangdong
Cellular Workshop Electronic Technology Co., Ltd.; Shenzhen Bauway
Technology Ltd.; and Shango Distribution LLC d/b/a Puff E-Cig (``Shango
Distribution''). In addition to an exclusion order (general or
limited), the RD recommended the issuance of cease and desist orders
directed to 101 Smoke Shop, Eon Pods, Jem Pods, Sky Distribution,
Vapers & Papers, Access Vapor, eLiquid Stop, Evergreen Smokeshop,
Shenzhen Azure, DripTip Vapes, Modern Age Tobacco, and Shango
Distribution. Parties to the investigation are to file public interest
submissions pursuant to 19 CFR 210.50(a)(4).
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 October 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.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the recommended
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remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) 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;
(iv) 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
(v) explain how the recommended orders would impact consumers in
the United States.
Written submissions must be filed no later than by close of
business on November 5, 2021.
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-1211'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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.
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).
By order of the Commission.
Issued: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22815 Filed 10-19-21; 8:45 am]
BILLING CODE 7020-02-P
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