[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59158-59160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16050]


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INTERNATIONAL TRADE COMMISSION

[Investigation. No. 337-TA-1410]


Certain Disposable Vaporizer Devices; 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 June 11, 2024, under section 337 
of the Tariff Act of 1930, as amended, on behalf of RAI Strategic 
Holdings, Inc. of Winston-Salem, North Carolina; R.J. Reynolds Vapor 
Company of Winston-Salem, North Carolina; R.J. Reynolds Tobacco Company 
of Winston-Salem of North Carolina; and RAI Services Company of 
Winston-Salem, North Carolina. Supplements were filed on June 12, 2024 
and July 1, 2024. The complaint, as supplemented, alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain disposable vaporizer devices and components 
thereof by reason of the infringement of certain claims of U.S. Patent 
No. 11,925,202 (``the '202 patent''). The complaint further alleges 
that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a general exclusion order, or in the alternative a limited 
exclusion order, and cease and desist orders. A motion for temporary 
relief filed concurrently with the complaint, requests that the 
Commission issue a temporary exclusion order and temporary cease and 
desist orders prohibiting the importation into and the sale within the 
United States after importation of certain disposable vaporizer devices 
and components thereof during the course of the Commission's 
investigation.

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, U.S. International Trade Commission, 
telephone (202) 205-2560.

[[Page 59159]]


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 (2024).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 16, 2024, 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)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 3, 4, 8-13, and 15 of the '202 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (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 
electronic vapor device[s] designed to hold and heat a liquid during 
use to generate an aerosol'';
    (3) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation;
    (4) Pursuant to Commission Rule 210.50(b)(l), 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. l337(d)(l), 
(f)(1), (g)(1);
    (5) 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:

RAI Strategic Holdings, Inc., 401 North Main Street, Winston-Salem, NC 
27101
R.J. Reynolds Vapor Company, 401 North Main Street, Winston-Salem, NC 
27101
R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC 
27101
RAI Services 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:

Breeze Smoke, LLC, 4654 Lilly Court, West Bloomfield, MI 48323
Dongguan (Shenzhen) Shikai Technology Co., Ltd., Room 501-510, Building 
16, Nan'an Plaza, Exhibition Bay, Zhancheng Community, Fuhai Street, 
Bao'an District, Shenzhen, Guangdong Province, China 518103
Vapeonly Technology Co. Ltd., 19H Maxgrand Plaza, No. 3 Tai Yau Street, 
San Po Kong, Kowloon, Hong Kong
iMiracle (Shenzhen) Technology Co., Ltd., Unit 3510-37, Luohu Business 
Center, No. 2028 Shennan East Road, Chengdong Community, Dongmen 
Street, Luohu District, Shenzhen, China 518001
Guangdong Qisitech Co., Ltd., Room 201, Building 3, No. 36, Fuxhing 
Road, Chang'an Town, Dongguan, Guangdong Province, China 523873
Fewo Intelligent Manufacturing Ltd., Room 101, Building 9, No. 243 
Huiade Road, Humen Town, Dongguan City, Guangdong Province, China 
523926
Nevera (HK) Ltd., 19H, Maxgrand Plaza, No.3 Tai Yau Street, San Po 
Kong, Kowloon, Hong Kong
Guangdong Cellular Workshop Electronics, Technology Co., Ltd., Room 
201, Building 3, No. 216, Chang'an Bubugao Road, Chang'an Town, 
Dongguan City, Guangdong Province, China 523850
Wonder Ladies Ltd., Sea Meadow House, P.O. Box 116, Road Town, Tortola, 
British Virgin Islands VG1110
Sailing South Ltd., Sea Meadow House, P.O. Box 116, Road Town, Tortola, 
British Virgin Islands VG1110
Marea Morada Ltd., Sea Meadow House, P.O. Box 116, Road Town, Tortola, 
British Virgin Islands VG1110
Social Brands, LLC, Beshoy Saad (registered agent), Suite 385, 9696 
Skillman Street, Dallas, TX 75243
Zhuhai Qisitech Co., Ltd., Room 201, Building 5, No. 16, Jinxing Road, 
Tangjiwan Town, High-Tech Zone, Zhuhai, Guangdong Province, China 
519085
Shenzhen Han Technology Co., Ltd., Room 401 and Floors 4-6, Building D, 
Shenzhen Qianwan Hard Technology Industrial Park, Nanchang Community, 
Xixiang Street, Bao'an District, Shenzhen, Guangdong Province, China 
518102
Palma Terra Ltd., Sea Meadow House, P.O. Box 116, Road Town, Tortola, 
British Virgin Islands VG1110
Shenzhen IVPS Technology Co., Ltd., Room 101, Building B8, No. 2, 
Cengyao Industrial Area, Yulu Community, Yutang Street, Guangming 
District, Shenzhen, Guangdong Province, China 518132
Heaven Gifts International Ltd., 19H, Maxgrand Plaza, No. 3 Tai Yau 
Street, San Po Kong, Kowloon, Hong Kong
Maduro Distributors d/b/a The Loon, 3021 82nd Lane NE, Minneapolis, MN 
55449
Bidi Vapor, LLC, 200 South Orange Avenue, Suite 2300, Orlando, FL 32801
Kimsun Technology (HuiZhou) Co., Ltd., 18th Floor, Building A, Boton 
Technology Park, Chaguang Road, Nanshan District, Shenzhen, Guangdong 
Province, China 518057
Shenzhen Yanyang Technology Co., Ltd., Room 901, Building B, Guanghao 
Int'l Center, Intersection of Meilong Rd and Zhongmei Rd, Daling 
Community, Minzhi Street, Longhua District, Shenzhen, Guangdong 
Province, China 518131
Pastel Cartel, LLC, 5900 Balcones Dr., Ste. 100, Austin, TX 78731
American Vape Company, LLC, 13326 Immanuel Road, Ste. 3, Pflugerville, 
TX 78660
Affiliated Imports, LLC, 5900 Balcones Dr., Ste. 100, Austin, TX 78731
Shenzhen LC Technology Co., Ltd., Room 301, 3rd Floor, Building 3, 
Changyi Industrial Factory, No. 1 Lirong Road, Xinshi Community, Dalang 
Street, Longhua District, Shenzhen, Guangdong Province, China 518109
LCF Labs, Inc., 895 S Rockefeller Avenue, Unit 103, Ontario, CA 91761
Shenzhen Kangvape Technology Co., Ltd., Floors 5 and 2, Building 3, 
Chuangxin Port, Hanyu Bay District, Liyuan Road, Tangwei Community, 
Fuhai Street, Bao'an District, Shenzhen, Guangdong Province, China 
518104
Flumgio Technology Ltd., Room 21, Unit A, Tin Wui Industrial Building, 
No. 3 Hing Wong Street, Tuen Mun, N.T., Hong Kong
Shenzhen Pingray Technology, Floors 2, 3 and 4, Building G, Wanfeng 
Western Entrepreneurship Park, Heyi Community, Shajing Street, Bao'an 
District, Shenzhen, Guangdong Province, China 518125
SV3, LLC d/b/a Mi-One Brands, 2303 N 44th Street, Unit 2, Phoenix, AZ 
85008

[[Page 59160]]

Price Point Distributors Inc. d/b/a Price Point NY, 500 Smith Street, 
Farmingdale, NY 11735
Flawless Vape Shop Inc., 5589 E Santa Ana Canyon Rd., Anaheim, CA 92807
Flawless Vape Wholesale & Distribution Inc., 5589 E Santa Ana Canyon 
Rd., Anaheim, CA 92807
TheSy, LLC d/b/a Element Vape, Unit 23, 300 W Valley Blvd., Alhambra, 
CA 91803
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
    (6) 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: July 17, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-16050 Filed 7-19-24; 8:45 am]
BILLING CODE 7020-02-P