[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