[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3720-3721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00910]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1139]


Certain Electronic Nicotine Delivery Systems and Components 
Thereof; Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued an Initial Determination on Violation of 
Section 337 and Recommended Determination on Remedy and Bond in the 
above-captioned investigation. The Commission is soliciting comments on 
public interest issues raised by the recommended relief, should the 
Commission find a violation. This notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). 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: Section 337 of the Tariff Act of 1930, as 
amended (``Section 337''), provides that if the Commission finds a 
violation, it shall direct that the concerned articles be excluded from 
entry into 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 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 comments on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically, whether the Commission should issue: (1) A 
limited exclusion order (``LEO'') against infringing electronic 
nicotine delivery systems and components thereof that are imported into 
the United States, sold for importation, or sold in the United States 
after importation by respondents Eonsmoke, LLC (``Eonsmoke'') of 
Clifton, New Jersey and XFire, Inc. (``XFire'') of Stafford, Texas; and 
(2) cease and desist orders (``CDO'') against respondents Eonsmoke and 
XFire.
    The Commission is interested in developing the record on the public 
interest in this investigation. The parties are to file their public 
interest submissions pursuant to 19 CFR 210.50(a)(4). Members of the 
public are hereby 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 Bond that 
issued in this investigation on December 13, 2019. Comments should 
address whether issuance of an LEO or CDO in this investigation, if a 
violation is found, 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 
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 exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) Explain how the LEO and CDO would impact consumers in the 
United States.
    Written submissions from the public must be filed no later than the 
close of business on Friday, February 7, 2020.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
(8) true paper copies to the Office of the Secretary by noon the next 
day pursuant to section 210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1139'') in a prominent place on 
the cover page and/or first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). 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. 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, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All non-confidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.
    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.


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    Issued: January 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-00910 Filed 1-21-20; 8:45 am]
 BILLING CODE 7020-02-P