[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Notices]
[Pages 51900-51901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13427]


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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

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 
(``ID'') (Order No. 27) issued by the chief administrative law judge 
(``CALJ'') granting the complainants' motion to amend the complaint and 
notice of investigation (``NOI'') to add four entities as respondents 
in the above-captioned investigation.

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 20, 2023, the Commission 
instituted this investigation based on a complaint filed on behalf of 
complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor 
Company (collectively, ``Complainants''). 88 FR 88111-12 (Dec. 20, 
2023). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based upon 
the importation into the United States, and 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 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 Dongguan City, 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, China; Shenzhen 
Innokin Technology Co., Ltd. of Shenzhen, China; Shenzhen

[[Page 51901]]

IVPS Technology Co., Ltd. of Shenzhen, China; Shenzhen Noriyang of 
Shenzhen, 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 of Tustin, CA. Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party in this 
investigation. Id.
    On April 10, 2024, Complainants filed an unopposed motion to amend 
the complaint and NOI (``Motion to Amend'') to add the following five 
entities as respondents in this investigation: (1) Capital Sales 
Company (``Capital Sales''); (2) Ecto World, LLC d/b/a Demand Vape 
(``Demand Vape''); (3) Hong Kong IVPS International Ltd. (``Hong Kong 
IVPS''); (4) KMT Services LLC d/b/a KMT Distribution (``KMT 
Distribution''); and (5) Heaven Gifts International Ltd. (``Heaven 
Gifts''). ID at 1.
    On April 26, 2024, the CALJ denied Complainants' Motion to Amend 
without prejudice because they had not demonstrated that the motion had 
been served on the five proposed respondents. Id. On April 30, 2024, 
Complainants filed proof of service indicating that the following four 
proposed respondents were served with the Motion to Amend on April 19, 
2024: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong IVPS; and (4) 
KMT Distribution (collectively the ``Proposed Respondents''). ID at 2. 
Complainants did not provide proof that Heaven Gifts had been properly 
served.
    On May 9, 2024, Complainants, OUII, and 17 of the named respondents 
(see ID at 2 n.2) (collectively, the ``parties'') filed a joint 
submission regarding Complainants' Motion to Amend. Id. In the joint 
submission, the parties represented, inter alia, that they do not 
oppose or take no position on adding the four Proposed Respondents to 
this investigation. Id. at 2-3. In the joint submission, Complainants 
also withdrew their request to add Heaven Gifts as a fifth respondent. 
Id. at 2.
    On May 20, 2024, the CALJ issued the subject ID (Order No. 27) 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting 
Complainants' Motion to Amend with respect to adding the four Proposed 
Respondents to this investigation. The ID notes that the Proposed 
Respondents were served with a copy of the Motion to Amend ``but none 
filed an opposition to [the] motion.'' Id. at 7. The ID also finds that 
Complainants have established good cause to amend the complaint and 
notice of investigation to add allegations that Proposed Respondents 
have violated section 337. Id. at 8. In addition, the ID finds that 
``the amendments will not prejudice respondents, the proposed 
respondents, OUII, or the public interest.'' Id.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 27). The following four entities are hereby added as respondents in 
this investigation: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong 
IVPS; and (4) KMT Distribution.
    The Commission vote for this determination took place on Issued: 
June 13, 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: June 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13427 Filed 6-18-24; 8:45 am]
BILLING CODE 7020-02-P