Certain Vaporizer Cartridges and Components and Accessories Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Leave To Amend the Complaint and Notice of Investigation, 73748-73749 [2020-25478]

Download as PDF 73748 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices Deanna Meyer-Pietruszka, Chief, Office of Policy, Regulation, and Analysis. [FR Doc. 2020–25510 Filed 11–18–20; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–658–659 and 731–TA–1538–1542 (Preliminary)] Aluminum Foil From Armenia, Brazil, Oman, Russia, and Turkey Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and imports of aluminum foil that are allegedly subsidized by the governments of Oman and Turkey.2 The products subject to these investigations are primarily provided for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60 of the Harmonized Tariff Schedule of the United States (‘‘HTS’’). Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in § 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 85 FR 67711 (October 26, 2020) and 85 FR 68287 (October 28, 2020). VerDate Sep<11>2014 19:40 Nov 18, 2020 Jkt 253001 sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Issued: November 13, 2020. Lisa Barton, Secretary to the Commission. Background [Investigation No. 337–TA–1211] On September 29, 2020, the Aluminum Association Trade Enforcement Working Group, Arlington, Virginia, and its individual members— Gra¨nges Americas, Inc., Franklin, Tennessee; JW Aluminum Company, Daniel Island, South Carolina; and Novelis Corporation, Atlanta, Georgia, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that are alleged to be sold in the United States at LTFV and alleged to be subsidized by the governments of Oman and Turkey. Accordingly, effective September 29, 2020, the Commission instituted countervailing duty investigation Nos. 701–TA–658–659 and antidumping duty investigation Nos. 731–TA–1538–1542 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of October 5, 2020 (85 FR 62759). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its conference through written testimony and video conference on October 20, 2020. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on November 13, 2020. The views of the Commission are contained in USITC Publication 5138 (November 2020), entitled Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey: Investigation Nos. 701–TA–658–659 and 731–TA–1538– 1542 (Preliminary). Certain Vaporizer Cartridges and Components and Accessories Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion for Leave To Amend the Complaint and Notice of Investigation By order of the Commission. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 [FR Doc. 2020–25489 Filed 11–18–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review the Administrative Law Judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 22) granting the complainant’s motion for leave to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. 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 EDIS3Help@usitc.gov. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: On August 14, 2020, the Commission instituted this investigation based on a complaint, as supplemented, filed on behalf of Juul Labs, Inc. of San Francisco, California. 85 FR 49679 (Aug. 14, 2020). The complaint, as supplemented, 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, and the sale within the United States after importation of certain vaporizer cartridges and components thereof by reason of infringement of U.S. Design Patent Nos. SUMMARY: E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices D842,536; D858,870; D858,869; and D858,868. Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation names forty-nine (49) respondents, including 2nd Wife Vape of Haslet, Texas (‘‘2nd Wife Vape’’); CaryTown Tobacco of Richmond, Virginia (‘‘CaryTown Tobacco’’); eJuiceDB of Farmingdale, New York (‘‘eJuiceDB’’); EZFumes of Bedford, Texas (‘‘EZFumes’’); Limitless Accessories, Inc. of Tinley Park, Illinois (‘‘Limitless Accessories, Inc.’’); Mr. Fog of Bensenville, Illinois (‘‘Mr. Fog’’); Naturally Peaked Health Co. of Brewster, New York (‘‘Naturally Peaked Health Co.’’); Price Point NY of Farmingdale, New York (‘‘Price Point NY’’); Puff E-Cig of Imlay City, Michigan (‘‘Puff E-Cig’’); Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. of Guangdong, China (‘‘Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C.’’); Shenzhen Yark Technology Co., Ltd. of Shenzhen, China (‘‘Shenzhen Yark Technology Co., Ltd.’’); Smoker’s Express of Auburn Hills, Michigan (‘‘Smoker’s Express’’); Tobacco Alley of Midland of Midland, Texas (‘‘Tobacco Alley of Midland’’); Valgous of Bensenville, Illinois (‘‘Valgous’’); and Vape ’n Glass of Streamwood, Illinois (‘‘Vape ’n Glass’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. On October 5, 2020, the complainant filed a motion to amend the complaint and notice of investigation to correct the addresses and list the full legal names of certain respondents. Specifically, the complainant seeks to: (1) Include the true legal names for respondents 2nd Wife Vape, CaryTown Tobacco, eJuiceDB, EZFumes, Price Point NY, Smoker’s Express, Tobacco Alley of Midland, Vape ’n Glass, Naturally Peaked Health Co., and Puff E-Cig; (2) correct the addresses for respondents Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. and Shenzhen Yark Technology Co., Ltd.; (3) correct that respondents Limitless Accessories, Inc. and Valgous are a single legal entity named Limitless Accessories, Inc. d/b/a Valgous; and (4) correct both the name and address for respondent Mr. Fog. None of the respondents filed a response. On October 15, 2020, OUII filed a response supporting complainant’s motion. On October 21, 2020, the ALJ issued the subject ID granting, pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), the complainant’s motion. See Order No. 22 (Oct. 21, 2020). No party petitioned for review of the subject ID. VerDate Sep<11>2014 19:40 Nov 18, 2020 Jkt 253001 The Commission has determined not to review the subject ID. The Commission vote for this determination took place on November 13, 2020. While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the complainant complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). 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: November 13, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–25478 Filed 11–18–20; 8:45 am] BILLING CODE 7020–02–P 73749 INDIA; ClinLine, Leiderdorp, NETHERLANDS; Biorelate Ltd., Oldham, UNITED KINGDOM; and Alchemy CGI, Arlington, MA have been added as parties to this venture. Also, Tag.bio, San Francisco, CA; Statice GmbH, Berlin, GERMANY; Scilligence Corporation, Cambridge, MA; and Kinapse Limited, London, UNITED KINGDOM have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Pistoia Alliance, Inc. intends to file additional written notifications disclosing all changes in membership. On May 28, 2009, Pistoia Alliance, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 15, 2009 (74 FR 34364). The last notification was filed with the Department on July 21, 2020. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 28, 2020 (85 FR 53400). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2020–25589 Filed 11–18–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Pistoia Alliance, Inc. Notice is hereby given that, on October 19, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. Section 4301 et seq. (the ‘‘Act’’), Pistoia Alliance, Inc. filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, WorldQuant Predictive, New York, NY; tellic, New York, NY; Synthace Ltd., London, UNITED KINGDOM; Scinapsis Analytics Inc. d/b/a BenchSci, Toronto, CANADA; Sapio Sciences, Baltimore, MD; Owkin, New York, NY; Novo Nordisk, Plainsboro, NJ; Iktos, Paris, FRANCE; GenAlz, Longueuil, CANADA; Elucidata Corporation, New Delhi, PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—DVD Copy Control Association Notice is hereby given that, on October 14, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the DVD Copy Control Association (‘‘DVD CCA’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, AutoSound Electronics (HK) Ltd., Hong Kong, HONG KONG SAR; and Daesung Eltec Co., Ltd., Seoul, SOUTH KOREA, have withdrawn as parties to this venture. No other changes have been made in either the membership or planned E:\FR\FM\19NON1.SGM 19NON1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73748-73749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25478]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1211]


Certain Vaporizer Cartridges and Components and Accessories 
Thereof; Notice of Commission Determination Not To Review an Initial 
Determination Granting Complainant's Motion for Leave To Amend the 
Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review the 
Administrative Law Judge's (``ALJ'') initial determination (``ID'') 
(Order No. 22) granting the complainant's motion for leave to amend the 
complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 14, 2020, the Commission 
instituted this investigation based on a complaint, as supplemented, 
filed on behalf of Juul Labs, Inc. of San Francisco, California. 85 FR 
49679 (Aug. 14, 2020). The complaint, as supplemented, 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, and the sale within the United States after 
importation of certain vaporizer cartridges and components thereof by 
reason of infringement of U.S. Design Patent Nos.

[[Page 73749]]

D842,536; D858,870; D858,869; and D858,868. Id. The complaint further 
alleges that a domestic industry exists. Id. The Commission's notice of 
investigation names forty-nine (49) respondents, including 2nd Wife 
Vape of Haslet, Texas (``2nd Wife Vape''); CaryTown Tobacco of 
Richmond, Virginia (``CaryTown Tobacco''); eJuiceDB of Farmingdale, New 
York (``eJuiceDB''); EZFumes of Bedford, Texas (``EZFumes''); Limitless 
Accessories, Inc. of Tinley Park, Illinois (``Limitless Accessories, 
Inc.''); Mr. Fog of Bensenville, Illinois (``Mr. Fog''); Naturally 
Peaked Health Co. of Brewster, New York (``Naturally Peaked Health 
Co.''); Price Point NY of Farmingdale, New York (``Price Point NY''); 
Puff E-Cig of Imlay City, Michigan (``Puff E-Cig''); Shenzhen Azure 
Tech USA LLC f/k/a DS Vaping P.R.C. of Guangdong, China (``Shenzhen 
Azure Tech USA LLC f/k/a DS Vaping P.R.C.''); Shenzhen Yark Technology 
Co., Ltd. of Shenzhen, China (``Shenzhen Yark Technology Co., Ltd.''); 
Smoker's Express of Auburn Hills, Michigan (``Smoker's Express''); 
Tobacco Alley of Midland of Midland, Texas (``Tobacco Alley of 
Midland''); Valgous of Bensenville, Illinois (``Valgous''); and Vape 'n 
Glass of Streamwood, Illinois (``Vape 'n Glass''). See id. The Office 
of Unfair Import Investigations (``OUII'') is also a party to the 
investigation. See id.
    On October 5, 2020, the complainant filed a motion to amend the 
complaint and notice of investigation to correct the addresses and list 
the full legal names of certain respondents. Specifically, the 
complainant seeks to: (1) Include the true legal names for respondents 
2nd Wife Vape, CaryTown Tobacco, eJuiceDB, EZFumes, Price Point NY, 
Smoker's Express, Tobacco Alley of Midland, Vape 'n Glass, Naturally 
Peaked Health Co., and Puff E-Cig; (2) correct the addresses for 
respondents Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. and 
Shenzhen Yark Technology Co., Ltd.; (3) correct that respondents 
Limitless Accessories, Inc. and Valgous are a single legal entity named 
Limitless Accessories, Inc. d/b/a Valgous; and (4) correct both the 
name and address for respondent Mr. Fog.
    None of the respondents filed a response. On October 15, 2020, OUII 
filed a response supporting complainant's motion.
    On October 21, 2020, the ALJ issued the subject ID granting, 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), the 
complainant's motion. See Order No. 22 (Oct. 21, 2020). No party 
petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on November 
13, 2020.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the complainant complete service for any party/
parties without a method of electronic service noted on the attached 
Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    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: November 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-25478 Filed 11-18-20; 8:45 am]
BILLING CODE 7020-02-P

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