Notice2024-13267
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
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
June 17, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has received a complaint Certain Disposable Vaporizer Devices and Components Thereof, DN 3754; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51365-51366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13267]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating
to the Public Interest
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received a complaint Certain Disposable Vaporizer
Devices and Components Thereof, DN 3754; the Commission is soliciting
comments on any public interest issues raised by the complaint or
complainant's filing pursuant to the Commission's Rules of Practice and
Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's Electronic Document
Information System (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#1e5b5a574d2d567b726e5e6b6d776a7d30797168"><span class="__cf_email__" data-cfemail="ade8e9e4fe9ee5c8c1ddedd8dec4d9ce83cac2db">[email protected]</span></a>.
General information concerning the Commission may also be obtained
by accessing its internet server at United States International Trade
Commission (USITC) at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at <a href="https://edis.usitc.gov">https://edis.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: The Commission has received a complaint and
a submission pursuant to Sec. 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of RAI Strategic Holdings, Inc.;
R.J. Reynolds Vapor Company; R.J. Reynolds Tobacco Company; and RAI
Services Company on June 11, 2024. The complaint alleges violations of
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain disposable
vaporizer devices and components thereof. The complaint names
respondents: Breeze Smoke, LLC of Southfield, MI; Capital Sales Company
of Royal Oak, MI; KMT Services, LLC of Hazel Park MI; Dongguan
(Shenzhen) Shikai Technology Co., Ltd. of China; Vapeonly Technology
Co. Ltd. of Hong Kong; iMiracle (Shenzhen) Technology Co., Ltd. of
China; Guangdong Qisitech Co., Ltd. of China; Fewo Intelligent
Manufacturing Ltd. of China; Nevera (HK) Ltd. of Hong Kong; Guangdong
Cellular Workshop Electronics Technology Co., Ltd. of China; Wonder
Ladies Ltd. of British Virgin Islands; Sailing South Ltd. of British
Virgin Islands; Marea Morada Ltd. of British Virgin Islands; Social
Brands, LLC of Dallas, TX; Zhuhai Qisitech Co., Ltd. of China; Shenzhen
Han Technology Co., Ltd. of China; Palma Terra Ltd. of British Virgin
Islands; Shenzhen IVPS Technology Co., Ltd. of China; Heaven Gifts
International Ltd. of Hong Kong; Maduro Distributors d/b/a The Loon of
Blaine, MN; Bidi Vapor, LLC of Orlando, FL; Kaival Brands Innovations
Group Inc. of Lewes, DE; Kimsun Technology (HuiZhou) Co., Ltd. of
China; Shenzhen Yanyang Technology Co., Ltd. of China; Pastel Cartel,
LLC of Austin, TX; American Vape Company, LLC of Pflugerville, TX;
Affiliated Imports, LLC of Austin, TX; Shenzhen Innokin Technology Co.,
Ltd. of China; Shenzhen Funyin Electronic Technology Co., Ltd. of
China; Shenzhen LC Technology Co., Ltd. of China; LCF Labs, Inc. of
Canada; Shenzhen Kangvape Technology Co., Ltd. of China; Flumgio
Technology Ltd. of Hong Kong; Shenzhen Pingray Technology of China;
SV3, LLC d/b/a Mi-One Brands of Phoenix, AZ; Price Point Distributors
Inc. d/b/a Price Point NY of Farmingdale, NY; Flawless Vape Shop Inc.
of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of Anaheim,
CA; Thesy, LLC d/b/a Element Vape of El Monte, CA; VICA Trading Inc. d/
b/a Vapesourcing of Tustin, CA; Ecto World, LLC d/b/a Demand Vape of
Buffalo, NY; and Midwest Goods Inc. d/b/a Midwest Distribution of
Bensenville, IL. The
[[Page 51366]]
complainant requests that the Commission issue a general exclusion
order, cease and desist orders, and impose a bond upon respondent
alleged infringing articles during the 60-day Presidential review
period pursuant to 19 U.S.C. 1337(j).
Proposed respondents, other interested parties, and members of the
public are invited to file comments on any public interest issues
raised by the complaint or Sec. 210.8(b) filing. Comments should
address whether issuance of the relief specifically requested by the
complainant in this investigation 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 requested
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the requested remedial 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 requested exclusion order and/or a
cease and desist order within a commercially reasonable time; and
(v) explain how the requested remedial orders would impact United
States consumers.
Written submissions on the public interest must be filed no later
than by close of business, eight calendar days after the date of
publication of this notice in the Federal Register. There will be
further opportunities for comment on the public interest after the
issuance of any final initial determination in this investigation. Any
written submissions on other issues must also be filed by no later than
the close of business, eight calendar days after publication of this
notice in the Federal Register. Complainant may file replies to any
written submissions no later than three calendar days after the date on
which any initial submissions were due, notwithstanding Sec. 201.14(a)
of the Commission's Rules of Practice and Procedure. No other
submissions will be accepted, unless requested by the Commission. Any
submissions and replies filed in response to this Notice are limited to
five (5) pages in length, inclusive of attachments.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. Submissions
should refer to the docket number (``Docket No. 3754'') in a prominent
place on the cover page and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic Filing Procedures \1\).
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\1\ 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>.
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Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice. Persons with questions
regarding filing should contact the Secretary at <a href="/cdn-cgi/l/email-protection#4306070a10700b262f330336302a37206d242c35"><span class="__cf_email__" data-cfemail="f9bcbdb0aacab19c9589b98c8a908d9ad79e968f">[email protected]</span></a>.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. 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,\2\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.\3\
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\2\ All contract personnel will sign appropriate nondisclosure
agreements.
\3\ Electronic Document Information System (EDIS): <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
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This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure
(19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: June 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13267 Filed 6-14-24; 8:45 am]
BILLING CODE 7020-02-P
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