[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88111-88112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27996]
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INTERNATIONAL TRADE COMMISSION
[Investigation. No. 337-TA-1381]
Certain Disposable Vaporizer Devices and Components and Packaging
Thereof; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 13, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of R.J. Reynolds
Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds
Vapor Company of Winston-Salem, North Carolina. A supplement to
complaint was filed on November 1, 2023. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, and in 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 complainants
request that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a
limited exclusion order, and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 14, 2023, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(A) of section 337 in the
importation into the United States, or in the sale of certain products
identified in paragraph (2) by reason of false advertising under the
Lanham Act, 15 U.S.C. 1125(a)(1)(B), stated in paragraphs 137 through
142 of the complaint, false designation of origin under the Lanham Act,
15 U.S.C. 1125(a)(1)(A), stated in paragraphs 143 through 147 of the
complaint, and unfair competition based on violations of the Prevent
All Cigarette Trafficking (PACT) Act, the threat or effect of which is
to destroy or substantially injure an industry in the United States;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``disposable vaporizer
devices (ENDS devices) and components (specifically e-liquids) and
packaging thereof'';
(3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC
27101
R.J. Reynolds Vapor Company, 401 North Main Street, Winston-Salem, NC
27101
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
[[Page 88112]]
Affiliated Imports, LLC, 13326 Immanuel Road, Pflugerville, TX 78660-
8006
American Vape Company, LLC a/k/a American, Vapor Company, LLC, 13326
Immanuel Road, Pflugerville, TX 78660-8006
Breeze Smoke, LLC, 4654 Lilly Court, West Bloomfield, MI 48323
Dongguan (Shenzhen) Shikai Technology Co., Ltd., L5 Block A
Shuangjinhui, Tongfuyu Fuyong, Baoan Shenzhen, Guangdong China 518101
EVO Brands, LLC, 251 Little Falls Drive, Wilmington, DE 19808
Flawless Vape Shop Inc., 1021 E Orangethorpe Avenue, Anaheim, CA 92801
Flawless Vape Wholesale & Distribution Inc., 1021 E Orangethorpe
Avenue, Anaheim, CA 92801
Guangdong Qisitech Co., Ltd., Fuxing Road, Changan Town, Room 201,
Building 3, No. 36, Dongguan City, Guangdong Province, China 523000
iMiracle (Shenzhen) Technology Co. Ltd., Room 1203, Block 1, Wanting
Building, Xixiang Substrict, Bao'an District, Shenzhen, China 518126
Magellan Technology Inc., 2225 Kenmore Avenue, Buffalo, NY 14207
Pastel Cartel, LLC, 13326 Immanuel Road, Pflugerville, TX 78660-8006
Price Point Distributors Inc. d/b/a Prince Point NY, 500 Smith Street,
Farmingdale, NY 11735
PVG2, LLC, 251 Little Falls Drive, Wilmington, DE 19808
Shenzhen Daosen Vaping Technology Co., Ltd., #501, Building B1, Quanzhi
Zhihui Park, Ligang S. Road., Shajin Street, Bao'an Dist., Shenzhen,
China 518104
Shenzhen Fumot Technology Co., Ltd., A2907, Building A Longguan Jiuzuan
Business, Center, Minzhi Longhua, Shenzhen, China, 518000
Shenzhen Funyin Electronic Co., Ltd., 205 and 401, Building A3, Fuyan
Ind. Zone, Tangwei Community, Fuhai St., Bao'an Dist., Shenzhen,
Guangdong, China 518000
Shenzhen Han Technology Co., Ltd., Qianwan Hard Technology Park, Baoan,
District, Shenzhen, Guangdong, China 518126
Shenzhen Innokin Technology Co., Ltd., Building 6, XinXinTian
Industrial Park, Xinsha Road, Shajing, Baoan District, Shenzhen China
518104
Shenzhen IVPS Technology Co., Ltd., 101 Building B8, No. 2, Cengayo
Industrial Area, Yuluv Community, Yutang Subdistrict, Guangming
District, Shenzhen, Guangdong, China 518001
Shenzhen Noriyang Technology Co., Ltd., Room 303, Building A,
Zhonghengsheng High-Tech Park, Xinyu Road, Shajing Town, Baoan
District, Shenzhen, Guangdong Province, China 518104
Shenzhen Weiboli Technology Co. Ltd., Room 312, Tianshuzuo, No. 6099
Bao'an Avenue, Bao'an District, Shenzhen, China 518000
SV3 LLC d/b/a Mi-One Brands, 4908 E McDowell Road, Phoenix, AZ 85008
Thesy, LLC d/b/a Element Vape, 10620 Hickson Street, El Monte, CA 91731
Vapeonly Technology Co. Ltd., Room 306-311, Tianshu Building, No. 6099,
Bao'an Avenue, Bao'an District, Shenzhen, China 518000
VICA Trading Inc. d/b/a Vapesourcing, 3045 Edinger Avenue, Tustin, CA
92780
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: December 15, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27996 Filed 12-19-23; 8:45 am]
BILLING CODE 7020-02-P