[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Page 12002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06047]



[[Page 12002]]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1139]


Certain Electronic Nicotine Delivery Systems and Components 
Thereof; Notice of Commission Decision Not To Review an Initial 
Determination Granting Complainant's Motion To Amend 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. 8) of the presiding administrative law judge 
(``ALJ'') granting Complainant's motion to amend the complaint and 
notice of investigation (``NOI'').

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
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: On December 13, 2018, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Juul Labs, Inc. of San Francisco, California 
(``Complainant''). See 83 FR 64156-57 (Dec. 13, 2018). The complaint, 
as amended and supplemented, alleges a violation of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
electronic nicotine delivery systems and components thereof by reason 
of infringement of certain claims of U.S. Patent No. 10,070,669; U.S. 
Patent No. 10,076,139; U.S. Patent No. 10,045,568; U.S. Patent No. 
10,058,130; and U.S. Patent No. 10,104,915. See id. The notice of 
investigation named the following respondents: J Well France S.A.S. of 
Paris, France; Bo Vaping of Garden City, New York; MMS Distribution LLC 
of Rock Hill, New York; The Electric Tobacconist, LLC of Boulder, 
Colorado; Vapor 4 Life Holdings, Inc. of Northbrook, Illinois; 
Eonsmoke, LLC of Clifton, New Jersey; ZLab S.A. of Punta del Este, 
Uruguay; Ziip Lab Co., Limited of Shenzhen City, China; Shenzhen Yibo 
Technology Co., Ltd. of Shenzhen City, China; XFire, Inc. of Stafford, 
Texas; ALD Group Limited of Shenzhen City, China; Flair Vapor LLC of 
South Plainfield, New Jersey; Shenzhen Joecig Technology Co., Ltd. of 
Shenzhen City, China; Myle Vape Inc. of Jamaica, New York; Vapor Hub 
International, Inc. of Simi Valley, California; Limitless Mod Co. of 
Simi Valley, California; Asher Dynamics, Inc. of Chino, California; Ply 
Rock of Chino, California; Infinite-N Technology Limited of Shenzhen 
City, China; King Distribution LLC of Elmwood Park, New Jersey; and 
Keep Vapor Electronic Tech. Co., Ltd. of Shenzhen, China. See id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. See id.
    On February 1, 2019, Complainant filed a motion to amend the 
complaint and NOI to: (1) Change the name of respondent ``Bo Vaping'' 
to ``ECVD/MMS Wholesale LLC,'' and (2) substitute for respondent ``MMS 
Distribution LLC,'' the correct entity, which is ``MMS/ECVD LLC.'' On 
February 25, 2019, the ALJ issued the subject ID (Order No. 8) granting 
the motion. See id. at 3. The ID finds that ``good cause exists to 
amend the complaint and notice of investigation to conform to the 
correct information,'' under Commission Rule 210.14(b), 19 CFR 
210.14(b). See id. The ID further finds that ``this amendment would not 
prejudice the public interest or the rights of the parties to the 
investigation.'' See id.
    No petition for review of the subject ID was filed. The Commission 
has determined not to review the ID.
    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: March 25, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06047 Filed 3-28-19; 8:45 am]
 BILLING CODE 7020-02-P