Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of Institution of Investigation, 88111-88112 [2023-27996]

Download as PDF Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 PCs, tower PCs, workstations, routers, and components thereof’’; (3) 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: Lenovo (United States) Inc., 8001 Development Drive, Morrisville, NC 27560 (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: ASUSTeK Computer Inc., No. 15, Li-De Road, Beitou District, Taipei 112, F5, Taiwan ASUS Computer International, 48720 Kato Road, Fremont, CA 94358 (4) 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: December 15, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–27998 Filed 12–19–23; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:02 Dec 19, 2023 Jkt 262001 INTERNATIONAL TRADE COMMISSION [Investigation. No. 337–TA–1381] Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 13, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds Vapor Company of Winston-Salem, North Carolina. A supplement to complaint was filed on November 1, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, and in 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 complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and a cease and desist order. 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 EDIS3Help@usitc.gov. 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, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 88111 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 (2023). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 14, 2023, 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)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (2) by reason of false advertising under the Lanham Act, 15 U.S.C. 1125(a)(1)(B), stated in paragraphs 137 through 142 of the complaint, false designation of origin under the Lanham Act, 15 U.S.C. 1125(a)(1)(A), stated in paragraphs 143 through 147 of the complaint, and unfair competition based on violations of the Prevent All Cigarette Trafficking (PACT) Act, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 vaporizer devices (ENDS devices) and components (specifically e-liquids) and packaging thereof’’; (3) Pursuant to Commission Rule 210.50(b)(1), 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. 1337(d)(1), (f)(1), (g)(1); (4) 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: R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC 27101 R.J. Reynolds Vapor 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: E:\FR\FM\20DEN1.SGM 20DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 88112 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices Affiliated Imports, LLC, 13326 Immanuel Road, Pflugerville, TX 78660–8006 American Vape Company, LLC a/k/a American, Vapor Company, LLC, 13326 Immanuel Road, Pflugerville, TX 78660–8006 Breeze Smoke, LLC, 4654 Lilly Court, West Bloomfield, MI 48323 Dongguan (Shenzhen) Shikai Technology Co., Ltd., L5 Block A Shuangjinhui, Tongfuyu Fuyong, Baoan Shenzhen, Guangdong China 518101 EVO Brands, LLC, 251 Little Falls Drive, Wilmington, DE 19808 Flawless Vape Shop Inc., 1021 E Orangethorpe Avenue, Anaheim, CA 92801 Flawless Vape Wholesale & Distribution Inc., 1021 E Orangethorpe Avenue, Anaheim, CA 92801 Guangdong Qisitech Co., Ltd., Fuxing Road, Changan Town, Room 201, Building 3, No. 36, Dongguan City, Guangdong Province, China 523000 iMiracle (Shenzhen) Technology Co. Ltd., Room 1203, Block 1, Wanting Building, Xixiang Substrict, Bao’an District, Shenzhen, China 518126 Magellan Technology Inc., 2225 Kenmore Avenue, Buffalo, NY 14207 Pastel Cartel, LLC, 13326 Immanuel Road, Pflugerville, TX 78660–8006 Price Point Distributors Inc. d/b/a Prince Point NY, 500 Smith Street, Farmingdale, NY 11735 PVG2, LLC, 251 Little Falls Drive, Wilmington, DE 19808 Shenzhen Daosen Vaping Technology Co., Ltd., #501, Building B1, Quanzhi Zhihui Park, Ligang S. Road., Shajin Street, Bao’an Dist., Shenzhen, China 518104 Shenzhen Fumot Technology Co., Ltd., A2907, Building A Longguan Jiuzuan Business, Center, Minzhi Longhua, Shenzhen, China, 518000 Shenzhen Funyin Electronic Co., Ltd., 205 and 401, Building A3, Fuyan Ind. Zone, Tangwei Community, Fuhai St., Bao’an Dist., Shenzhen, Guangdong, China 518000 Shenzhen Han Technology Co., Ltd., Qianwan Hard Technology Park, Baoan, District, Shenzhen, Guangdong, China 518126 Shenzhen Innokin Technology Co., Ltd., Building 6, XinXinTian Industrial Park, Xinsha Road, Shajing, Baoan District, Shenzhen China 518104 Shenzhen IVPS Technology Co., Ltd., 101 Building B8, No. 2, Cengayo Industrial Area, Yuluv Community, Yutang Subdistrict, Guangming District, Shenzhen, Guangdong, China 518001 Shenzhen Noriyang Technology Co., Ltd., Room 303, Building A, VerDate Sep<11>2014 18:02 Dec 19, 2023 Jkt 262001 Zhonghengsheng High-Tech Park, Xinyu Road, Shajing Town, Baoan District, Shenzhen, Guangdong Province, China 518104 Shenzhen Weiboli Technology Co. Ltd., Room 312, Tianshuzuo, No. 6099 Bao’an Avenue, Bao’an District, Shenzhen, China 518000 SV3 LLC d/b/a Mi-One Brands, 4908 E McDowell Road, Phoenix, AZ 85008 Thesy, LLC d/b/a Element Vape, 10620 Hickson Street, El Monte, CA 91731 Vapeonly Technology Co. Ltd., Room 306–311, Tianshu Building, No. 6099, Bao’an Avenue, Bao’an District, Shenzhen, China 518000 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 (5) 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. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Issued: December 15, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–27996 Filed 12–19–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1336] Certain Semiconductor Devices, Mobile Services Contacting the Same, and Components Thereof; Notice of a Commission Determination Not to Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Due to Settlement; Termination of the Investigation 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 an initial determination (‘‘ID’’) (Order No. 78) of the presiding administrative law judge (‘‘ALJ’’) granting a joint motion to terminate the investigation due to settlement. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3115. 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on October 19, 2022, based on a complaint filed on behalf of Daedalus Prime LLC (‘‘Daedalus’’ or ‘‘Complainant’’) of Bronxville, New York. 87 FR 63524–25 (Oct. 19, 2022). 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 semiconductor devices, mobile devices containing the same, and components thereof by reason SUMMARY: E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88111-88112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27996]


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INTERNATIONAL TRADE COMMISSION

[Investigation. No. 337-TA-1381]


Certain Disposable Vaporizer Devices and Components and Packaging 
Thereof; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 13, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of R.J. Reynolds 
Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds 
Vapor Company of Winston-Salem, North Carolina. A supplement to 
complaint was filed on November 1, 2023. The complaint, as 
supplemented, alleges violations of section 337 based upon the 
importation into the United States, and in 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 complainants 
request that the Commission institute an investigation and, after the 
investigation, issue a general exclusion order, or in the alternative a 
limited exclusion order, and a cease and desist order.

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, telephone (202) 205-2560.

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 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 14, 2023, 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)(A) of section 337 in the 
importation into the United States, or in the sale of certain products 
identified in paragraph (2) by reason of false advertising under the 
Lanham Act, 15 U.S.C. 1125(a)(1)(B), stated in paragraphs 137 through 
142 of the complaint, false designation of origin under the Lanham Act, 
15 U.S.C. 1125(a)(1)(A), stated in paragraphs 143 through 147 of the 
complaint, and unfair competition based on violations of the Prevent 
All Cigarette Trafficking (PACT) Act, the threat or effect of which is 
to destroy or substantially injure an industry in the United States;
    (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 vaporizer 
devices (ENDS devices) and components (specifically e-liquids) and 
packaging thereof'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 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. 1337(d)(1), 
(f)(1), (g)(1);
    (4) 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:

R.J. Reynolds Tobacco Company, 401 North Main Street, Winston-Salem, NC 
27101
R.J. Reynolds Vapor 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:


[[Page 88112]]


Affiliated Imports, LLC, 13326 Immanuel Road, Pflugerville, TX 78660-
8006
American Vape Company, LLC a/k/a American, Vapor Company, LLC, 13326 
Immanuel Road, Pflugerville, TX 78660-8006
Breeze Smoke, LLC, 4654 Lilly Court, West Bloomfield, MI 48323
Dongguan (Shenzhen) Shikai Technology Co., Ltd., L5 Block A 
Shuangjinhui, Tongfuyu Fuyong, Baoan Shenzhen, Guangdong China 518101
EVO Brands, LLC, 251 Little Falls Drive, Wilmington, DE 19808
Flawless Vape Shop Inc., 1021 E Orangethorpe Avenue, Anaheim, CA 92801
Flawless Vape Wholesale & Distribution Inc., 1021 E Orangethorpe 
Avenue, Anaheim, CA 92801
Guangdong Qisitech Co., Ltd., Fuxing Road, Changan Town, Room 201, 
Building 3, No. 36, Dongguan City, Guangdong Province, China 523000
iMiracle (Shenzhen) Technology Co. Ltd., Room 1203, Block 1, Wanting 
Building, Xixiang Substrict, Bao'an District, Shenzhen, China 518126
Magellan Technology Inc., 2225 Kenmore Avenue, Buffalo, NY 14207
Pastel Cartel, LLC, 13326 Immanuel Road, Pflugerville, TX 78660-8006
Price Point Distributors Inc. d/b/a Prince Point NY, 500 Smith Street, 
Farmingdale, NY 11735
PVG2, LLC, 251 Little Falls Drive, Wilmington, DE 19808
Shenzhen Daosen Vaping Technology Co., Ltd., #501, Building B1, Quanzhi 
Zhihui Park, Ligang S. Road., Shajin Street, Bao'an Dist., Shenzhen, 
China 518104
Shenzhen Fumot Technology Co., Ltd., A2907, Building A Longguan Jiuzuan 
Business, Center, Minzhi Longhua, Shenzhen, China, 518000
Shenzhen Funyin Electronic Co., Ltd., 205 and 401, Building A3, Fuyan 
Ind. Zone, Tangwei Community, Fuhai St., Bao'an Dist., Shenzhen, 
Guangdong, China 518000
Shenzhen Han Technology Co., Ltd., Qianwan Hard Technology Park, Baoan, 
District, Shenzhen, Guangdong, China 518126
Shenzhen Innokin Technology Co., Ltd., Building 6, XinXinTian 
Industrial Park, Xinsha Road, Shajing, Baoan District, Shenzhen China 
518104
Shenzhen IVPS Technology Co., Ltd., 101 Building B8, No. 2, Cengayo 
Industrial Area, Yuluv Community, Yutang Subdistrict, Guangming 
District, Shenzhen, Guangdong, China 518001
Shenzhen Noriyang Technology Co., Ltd., Room 303, Building A, 
Zhonghengsheng High-Tech Park, Xinyu Road, Shajing Town, Baoan 
District, Shenzhen, Guangdong Province, China 518104
Shenzhen Weiboli Technology Co. Ltd., Room 312, Tianshuzuo, No. 6099 
Bao'an Avenue, Bao'an District, Shenzhen, China 518000
SV3 LLC d/b/a Mi-One Brands, 4908 E McDowell Road, Phoenix, AZ 85008
Thesy, LLC d/b/a Element Vape, 10620 Hickson Street, El Monte, CA 91731
Vapeonly Technology Co. Ltd., Room 306-311, Tianshu Building, No. 6099, 
Bao'an Avenue, Bao'an District, Shenzhen, China 518000
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
    (5) 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: December 15, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27996 Filed 12-19-23; 8:45 am]
BILLING CODE 7020-02-P
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