Certain Electronic Nicotine Delivery Systems and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting-in-Part a Joint Motion To Amend the Complaint and Notice of Investigation, 12634-12635 [2019-06321]

Download as PDF amozie on DSK9F9SC42PROD with NOTICES 12634 Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices of Temple City, CA; Chungstine Inc. d/b/a Expert Hardwood Flooring of Ontario, CA; Davati Group LLC of Austin, TX; DeSoto Sales, Inc. of Canoga Park, CA; Global Wood Inc. of Walnut, CA; Go-Higher Trading (Jiangsu) Co., Ltd. of China; Golden Tree Import & Export Inc. of Temple City, CA; Halstead New England Corp of Norwalk, CT; Hangzhou Kingdom Import & Export Trading Co. Ltd. of China; IN.id Corp. of Diamond Bar, CA; JC Int’l Trading, Inc. of City of Industry, CA; Jiangsu Divine Building Technology Development Co. Ltd. of China; Jiangsu Lejia Plastic Co. Ltd. of China; JiangSu Licheer Wood Co., Ltd. of China; JiangSu TongSheng Decorative Materials Co., Ltd. of China; Jkgy Inc. d/b/a Nextar Trading of City of Industry, CA; KJ Carpet Wholesale, Inc. of Pomona, CA; Maxwell Flooring Distribution LLC of Houston, TX; Metroflor Corp. of Norwalk, CT; Mountain High Corp. of El Monte, CA; Mr. Hardwood Inc. of Acworth, GA; National Coverings, LLC of Ft. Lauderdale, FL; Nextar Wholesale of City of Industry, CA; Northann Distribution Center Inc. of Sacramento, CA; Pentamax Inc. of Compton, CA; RBT Industries LLC d/b/a Hardwood Bargains of Austin, TX; RC Vinyl Inc. of City of Industry, CA; Royal Family Inc. of Temple City, CA; Sam Houston Hardwood Inc. of Houston, TX; Zhejiang Changxing Senda Bamboo and Wood Products Co. Ltd. of China; Zhangjiagang Elegant Home-Tech Co. Ltd. of China; Zhangjiagang Elegant Plastics Co. Ltd. of China; Zhangjiagang Yihua Plastics Co., Ltd. of China; Zhangjiagang Yihua Rundong New Material Co. Ltd. of China; Zhejiang Kimay Building Material Technology Co., Ltd. of China; Zhejiang Kingdom Flooring Plastic Co., Ltd. of China; and Zhejiang Walrus New Material Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, cease and desist orders, and a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or VerDate Sep<11>2014 18:45 Apr 01, 2019 Jkt 247001 directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no later than the date on which complainant’s reply would be due under § 210.8(c)(2) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(c)(2)). Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3376’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Persons with 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: March 27, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06377 Filed 4–1–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1139] Certain Electronic Nicotine Delivery Systems and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting-in-Part a Joint Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. AGENCY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 10) of the Administrative Law Judge (‘‘ALJ’’) granting-in-part a joint motion to amend the complaint and notice of investigation (‘‘NOI’’). FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On December 13, 2018, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Juul Labs, Inc. of San Francisco, California (‘‘Complainant’’). See 83 FR 64156–57 (Dec. 13, 2018). The complaint, as amended and supplemented, alleges a violation 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 electronic nicotine delivery systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,070,669; U.S. Patent No. 10,076,139; U.S. Patent No. 10,045,568; U.S. Patent No. 10,058,130; and U.S. Patent No. 10,104,915. See id. The NOI names numerous respondents, including: Limitless Mod Co. of Simi Valley, California (‘‘Limitless’’); Asher Dynamics, Inc. of Chino, California (‘‘Asher Dynamics’’); and Ply Rock of Chino, California. See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. On February 1, 2019, Complainant and respondents Limitless, Asher Dynamics, and Ply Rock (collectively, ‘‘the Asher Respondents’’) filed a joint amozie on DSK9F9SC42PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:45 Apr 01, 2019 Jkt 247001 motion to amend the complaint and NOI to: (1) Correct the name of respondent Limitless to ‘‘Limitless MOD, LLC’’ and (2) terminate the investigation as to the Asher Respondents. On February 13, 2019, OUII filed a response in support of the joint motion. On February 28, 2019, the ALJ issued the subject ID (Order No. 10) grantingin-part the joint motion. The ID finds that, under Commission Rule 210.14(b), 19 CFR 210.14(b), ‘‘good cause exists to amend the complaint and notice of investigation to conform to the correct information.’’ See ID at 2. In addition, the ID finds that ‘‘this amendment would not prejudice the public interest or the rights of the parties to the investigation.’’ See id. The ID further notes that ‘‘[t]he request for termination of the Asher Respondents will be ruled upon in a separate order.’’ See id. at 2 n.2; Order No. 11 (Feb. 28, 2019). No petition for review of the subject ID was filed. The Commission has determined not to review the ID. 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 27, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06321 Filed 4–1–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0073] Agency Information Collection Activities; Proposed eCollection eComments Requested; Furnishing of Samples Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION: 30-Day notice. AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: The proposed information collection was previously published in the Federal Register, on February 5, SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 12635 2019, allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until May 2, 2019. FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact: Anita Scheddel, Program Analyst, Explosives Industry Programs Branch, either by mail 99 New York Ave NE, Washington, DC 20226, or by email at eipbinformationcollection@atf.gov or by telephone at 202–648–7158. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_ submissions@omb.eop.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: (1) Type of Information Collection: Revision of a currently approved collection. (2) The Title of the Form/Collection: Furnishing of Samples. (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: None. E:\FR\FM\02APN1.SGM 02APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12634-12635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06321]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1139]


Certain Electronic Nicotine Delivery Systems and Components 
Thereof; Notice of Commission Decision Not To Review an Initial 
Determination Granting-in-Part a Joint Motion To Amend the Complaint 
and Notice of Investigation

AGENCY: U.S. International Trade Commission.

[[Page 12635]]


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. 10) of the Administrative Law Judge (``ALJ'') 
granting-in-part a joint motion to amend the complaint and notice of 
investigation (``NOI'').

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: On December 13, 2018, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Juul Labs, Inc. of San Francisco, California 
(``Complainant''). See 83 FR 64156-57 (Dec. 13, 2018). The complaint, 
as amended and supplemented, alleges a violation 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 
electronic nicotine delivery systems and components thereof by reason 
of infringement of certain claims of U.S. Patent No. 10,070,669; U.S. 
Patent No. 10,076,139; U.S. Patent No. 10,045,568; U.S. Patent No. 
10,058,130; and U.S. Patent No. 10,104,915. See id. The NOI names 
numerous respondents, including: Limitless Mod Co. of Simi Valley, 
California (``Limitless''); Asher Dynamics, Inc. of Chino, California 
(``Asher Dynamics''); and Ply Rock of Chino, California. See id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. See id.
    On February 1, 2019, Complainant and respondents Limitless, Asher 
Dynamics, and Ply Rock (collectively, ``the Asher Respondents'') filed 
a joint motion to amend the complaint and NOI to: (1) Correct the name 
of respondent Limitless to ``Limitless MOD, LLC'' and (2) terminate the 
investigation as to the Asher Respondents. On February 13, 2019, OUII 
filed a response in support of the joint motion.
    On February 28, 2019, the ALJ issued the subject ID (Order No. 10) 
granting-in-part the joint motion. The ID finds that, under Commission 
Rule 210.14(b), 19 CFR 210.14(b), ``good cause exists to amend the 
complaint and notice of investigation to conform to the correct 
information.'' See ID at 2. In addition, the ID finds that ``this 
amendment would not prejudice the public interest or the rights of the 
parties to the investigation.'' See id. The ID further notes that 
``[t]he request for termination of the Asher Respondents will be ruled 
upon in a separate order.'' See id. at 2 n.2; Order No. 11 (Feb. 28, 
2019).
    No petition for review of the subject ID was filed. The Commission 
has determined not to review the ID.
    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 27, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06321 Filed 4-1-19; 8:45 am]
 BILLING CODE 7020-02-P

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