Notice2024-13427
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
June 20, 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 ("ID") (Order No. 27) issued by the chief administrative law judge ("CALJ") granting the complainants' motion to amend the complaint and notice of investigation ("NOI") to add four entities as respondents in the above-captioned investigation.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 119 (Thursday, June 20, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Notices]
[Pages 51900-51901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13427]
-----------------------------------------------------------------------
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
(``ID'') (Order No. 27) issued by the chief administrative law judge
(``CALJ'') granting the complainants' motion to amend the complaint and
notice of investigation (``NOI'') to add four entities as respondents
in the above-captioned investigation.
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#ade8e9e4fe9ee5c8c1ddedd8dec4d9ce83cac2db"><span class="__cf_email__" data-cfemail="5613121f05651e333a261623253f223578313920">[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 (``section 337''), 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: 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; Flawless Vape Shop
Inc. of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of
Anaheim, CA; 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
[[Page 51901]]
IVPS Technology Co., Ltd. of Shenzhen, China; Shenzhen Noriyang 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 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 April 10, 2024, Complainants filed an unopposed motion to amend
the complaint and NOI (``Motion to Amend'') to add the following five
entities as respondents in this investigation: (1) Capital Sales
Company (``Capital Sales''); (2) Ecto World, LLC d/b/a Demand Vape
(``Demand Vape''); (3) Hong Kong IVPS International Ltd. (``Hong Kong
IVPS''); (4) KMT Services LLC d/b/a KMT Distribution (``KMT
Distribution''); and (5) Heaven Gifts International Ltd. (``Heaven
Gifts''). ID at 1.
On April 26, 2024, the CALJ denied Complainants' Motion to Amend
without prejudice because they had not demonstrated that the motion had
been served on the five proposed respondents. Id. On April 30, 2024,
Complainants filed proof of service indicating that the following four
proposed respondents were served with the Motion to Amend on April 19,
2024: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong IVPS; and (4)
KMT Distribution (collectively the ``Proposed Respondents''). ID at 2.
Complainants did not provide proof that Heaven Gifts had been properly
served.
On May 9, 2024, Complainants, OUII, and 17 of the named respondents
(see ID at 2 n.2) (collectively, the ``parties'') filed a joint
submission regarding Complainants' Motion to Amend. Id. In the joint
submission, the parties represented, inter alia, that they do not
oppose or take no position on adding the four Proposed Respondents to
this investigation. Id. at 2-3. In the joint submission, Complainants
also withdrew their request to add Heaven Gifts as a fifth respondent.
Id. at 2.
On May 20, 2024, the CALJ issued the subject ID (Order No. 27)
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting
Complainants' Motion to Amend with respect to adding the four Proposed
Respondents to this investigation. The ID notes that the Proposed
Respondents were served with a copy of the Motion to Amend ``but none
filed an opposition to [the] motion.'' Id. at 7. The ID also finds that
Complainants have established good cause to amend the complaint and
notice of investigation to add allegations that Proposed Respondents
have violated section 337. Id. at 8. In addition, the ID finds that
``the amendments will not prejudice respondents, the proposed
respondents, OUII, or the public interest.'' Id.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 27). The following four entities are hereby added as respondents in
this investigation: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong
IVPS; and (4) KMT Distribution.
The Commission vote for this determination took place on Issued:
June 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: June 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13427 Filed 6-18-24; 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 June 20, 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.