[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58099-58100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22815]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1211]


Certain Vaporizer Cartridges and Components Thereof; Notice of 
Request for Submissions on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on October 14, 2021, the presiding 
administrative law judge (``ALJ'') issued a Summary Determination on 
Violation of Section 337. The ALJ also issued a Recommended 
Determination on remedy and bonding (``RD'') should a violation be 
found in the above-captioned investigation. The Commission is 
soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from 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 
that 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 submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation. Specifically, the RD recommends a general exclusion order 
directed to certain vaporizer cartridges and components thereof. 
Alternatively to the general exclusion order, the RD recommends a 
limited exclusion order directed to certain vaporizer cartridges and 
components thereof imported, sold for importation, and/or sold after 
importation by respondents 101 Smoke Shop, Inc. (``101 Smoke Shop''); 
Eon Pods LLC (``Eon Pods''); Jem Pods, U.S.A. (``Jem Pods''); Sky 
Distribution LLC (``Sky Distribution''); Vapers & Papers, LLC (``Vapers 
& Papers''); Access Vapor LLC d/b/a Cali Pods (``Access Vapor''); 
eLiquid Stop; Shenzhen Apoc Technology Co., Ltd.; Shenzhen Ocity Times 
Technology Co., Ltd.; Evergreen Smokeshop; Shenzhen Azure Tech USA LLC 
f/k/a DS Vaping P.R.C. (``Shenzhen Azure''); DripTip Vapes LLC 
(``DripTip Vapes''); Modern Age Tobacco; Dongguan Hengtai Biotechnology 
Co., Ltd. d/b/a Mr. Fog; Shenzhen Yark Technology Co., Ltd.; Guangdong 
Cellular Workshop Electronic Technology Co., Ltd.; Shenzhen Bauway 
Technology Ltd.; and Shango Distribution LLC d/b/a Puff E-Cig (``Shango 
Distribution''). In addition to an exclusion order (general or 
limited), the RD recommended the issuance of cease and desist orders 
directed to 101 Smoke Shop, Eon Pods, Jem Pods, Sky Distribution, 
Vapers & Papers, Access Vapor, eLiquid Stop, Evergreen Smokeshop, 
Shenzhen Azure, DripTip Vapes, Modern Age Tobacco, and Shango 
Distribution. Parties to the investigation are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are 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 Bonding 
issued in this investigation on October 14, 2021. Comments should 
address whether issuance of the recommended remedial orders in this 
investigation, should the Commission find a violation, 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

[[Page 58100]]

remedial 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 orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on November 5, 2021.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1211'') in a prominent place on 
the cover page and/or the 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 by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. 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 nonconfidential written submissions will be available for public 
inspection on EDIS.
    This action is taken under the authority of 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: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22815 Filed 10-19-21; 8:45 am]
BILLING CODE 7020-02-P