[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Notices]
[Page 16588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04879]


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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 To 
Correct Respondent Name

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (Order 
No. 10) issued by the chief administrative law judge (``CALJ'') 
granting a motion to amend the complaint and notice of investigation 
(``NOI'') to change the name of a respondent.

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 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On December 15, 2023, the Commission 
instituted this investigation based on a complaint filed by of 
complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor 
Company (collectively ``R.J. Reynolds''). 88 FR 88111-12 (Dec. 15, 
2023). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation 
into the United States, the sale for importation, or sale within the 
United States after importation 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 Guangdong Province, 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, Guangdong, China; Shenzhen Innokin 
Technology Co., Ltd., of Shenzhen, China; Shenzhen IVPS Technology Co., 
Ltd., of Shenzhen, Guangdong, China; Shenzhen Noriyang Technology Co., 
Ltd., of Shenzhen, Guangdong Province, 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 Trading Inc. d/b/a 
Vapesourcing of Tustin, CA. Id. The Office of Unfair Import 
Investigations was also named as a party in this investigation. Id.
    On February 2, 2024, R.J. Reynolds filed an unopposed motion for 
leave to amend the complaint and NOI to change the name of respondent 
``Shenzhen Funyin Electronic Co., Ltd.'' to ``Shenzhen Funyin 
Electronic Technology Co., Ltd.'' (``Funyin'') because the word 
``Technology'' was inadvertently omitted from the originally filed 
complaint. See Order No. 10 at 1. R.J. Reynolds noted that the 
``proposed amendment does not add or otherwise modify any allegations 
against any Respondent'' and that Funyin does not oppose the motion. 
Id. at 2. No party opposed the motion. Id.
    On February 5, 2024, the CALJ issued the subject ID (Order No. 10) 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting R.J. 
Reynolds' motion to amend the complaint and NOI as requested. The ID 
finds that R.J. Reynolds has established good cause for the proposed 
amendment, and that the amendment ``will not prejudice the rights of 
any parties to the investigation and reflects the true identity of the 
respondent at issue.'' ID at 1.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 10). Pursuant to Commission Rule 210.14, the Notice of 
Investigation is amended to change the name of respondent ``Shenzhen 
Funyin Electronic Co., Ltd.'' to ``Shenzhen Funyin Electronic 
Technology Co., Ltd.''
    The Commission vote for this determination took place on March 4, 
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: March 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04879 Filed 3-6-24; 8:45 am]
BILLING CODE 7020-02-P