Notice2024-10837
Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of a Commission Determination Not To Review Initial Determination Amending the Complaint and Notice of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 17, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 19) issued by the chief administrative law judge ("CALJ") granting a motion to amend the complaint and notice of investigation ("NOI") to correct the mailing address associated with respondents Flawless Vape Shop Inc. and Flawless Vape Wholesale & Distribution Inc., both of Anaheim, CA ("the Flawless Respondents").
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43434-43435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10837]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1381]
Certain Disposable Vaporizer Devices and Components and Packaging
Thereof; Notice of a Commission Determination Not To Review Initial
Determination Amending the Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination (Order
No. 19) issued by the chief administrative law judge (``CALJ'')
granting a motion to amend the complaint and notice of investigation
(``NOI'') to correct the mailing address associated with respondents
Flawless Vape Shop Inc. and Flawless Vape Wholesale & Distribution
Inc., both of Anaheim, CA (``the Flawless Respondents'').
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#ca8f8e8399f982afa6ba8abfb9a3bea9e4ada5bc"><span class="__cf_email__" data-cfemail="b6f3f2ffe585fed3dac6f6c3c5dfc2d598d1d9c0">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On December 20, 2023, the Commission
instituted this investigation based on a complaint filed on behalf of
complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor
Company (collectively, ``Complainants''). 88 FR 88111-12 (Dec. 20,
2023). The complaint alleges violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation
into the United States, and the sale of certain disposable vaporizer
devices and components and packaging thereof by reason false
advertising, false designation of origin, and unfair competition, the
threat or effect of which is to destroy or substantially injure an
industry in the United States. The Commission's NOI named the following
twenty-five (25) respondents: the Flawless Respondents; Shenzhen
Noriyang of Shenzhen, China; Affiliated Imports, LLC of Pflugerville,
TX; American Vape Company, LLC a/k/a American Vapor Company, LLC of
Pflugerville, TX; Breeze Smoke, LLC of West Bloomfield, MI; Dongguan
(Shenzhen) Shikai Technology Co., Ltd. of Guangdong, China; EVO Brands,
LLC of Wilmington, DE; Guangdong Qisitech Co., Ltd. of Dongguan City,
China; iMiracle (Shenzhen) Technology Co. Ltd. of Shenzhen, China;
Magellan Technology Inc. of Buffalo, NY; Pastel Cartel, LLC of
Pflugerville, TX; Price Point Distributors Inc. d/b/a Prince Point NY
of Farmingdale, NY; PVG2, LLC of Wilmington, DE; Shenzhen Daosen Vaping
Technology Co., Ltd. of Shenzhen, China; Shenzhen Fumot Technology Co.,
Ltd. of Shenzhen, China; Shenzhen Funyin Electronic Co., Ltd. of
Guangdong, China; Shenzhen Han Technology Co., Ltd. of Shenzhen, China;
Shenzhen Innokin Technology Co., Ltd., of Shenzhen, China; Shenzhen
IVPS Technology Co., Ltd. of Shenzhen, China; Shenzhen Weiboli
Technology Co. Ltd. of Shenzhen, China; SV3 LLC d/b/a Mi-One Brands of
Phoenix, AZ; Thesy, LLC d/b/a Element Vape of El
[[Page 43435]]
Monte, CA; Vapeonly Technology Co. Ltd. of Shenzhen, China; and VICA of
Tustin, CA. Id. The Office of Unfair Import Investigations (``OUII'')
was also named as a party in this investigation. Id.
On February 16, 2024, Complainants filed an unopposed motion to
amend the complaint and NOI to correct the mailing address associated
with the Flawless Respondents. On February 29, 2024, OUII filed a
response supporting the motion.
On April 18, 2024, the CALJ issued the subject ID (Order No. 19)
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting
Complainants' motion to amend the complaint and NOI as requested. The
ID finds that Complainants have established good cause for the proposed
amendment, and that the amendment ``will not prejudice the public
interest or the rights of any parties to the investigation.'' ID at 2.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 19).
The Commission vote for this determination took place on Issued:
May 13, 2024.
The authority for the Commission's determination is contained in
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: May 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-10837 Filed 5-16-24; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.