Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation, 16025-16026 [2024-04705]

Download as PDF Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties. Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9. Dated: February 27, 2024. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2024–04655 Filed 3–5–24; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1392] Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same; 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 January 30, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of PAX Labs Inc. of San Francisco, California. Supplements were filed on February 19, 2024, February 20, 2024, and February 21, 2024. The complaint 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 oil vaporizing devices, components thereof, and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 11,369,756 (‘‘the ’756 patent’’); U.S. Patent No. 11,369,757 (‘‘the ’757 patent’’); U.S. Patent No. 11,766,527 (‘‘the ’527 patent’’); 11,759,580 (‘‘the ’580 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 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:57 Mar 05, 2024 Jkt 262001 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: Katherine Hiner, The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. 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 February 29, 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, 5–13, and 15–17 of the ’756 patent; claims 1–20 of the ’757 patent; claims 1–30 of the ’527 patent; and claims 1– 20 of the ’580 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 ‘‘vaporizing devices capable of vaporizing oils, components thereof and products containing the same’’ where the components of a vaporizing device are ‘‘a mouthpiece, a cartridge body, an atomizer, a distal member, a bottom cover, a vaporizer body including a cartridge receiver,’’ as well as a ‘‘battery,’’ and where products containing the same are cartridge and battery components ‘‘sold in combination with a power charging device in which the [cartridge] or battery would each be one component of the downstream product’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 16025 this notice of investigation shall be served: (a) The complainant is: PAX Labs Inc., 660 Alabama Street, Second Floor, San Francisco, CA, 94110 (b) The respondents are the following entities alleged to be in violation of section 337, and is the parties upon which the complaint is to be served: STIIIZY IP LLC f/k/a STIIIZY, LLC, 728 East Commercial Street, Los Angeles, CA 90012 ALD Group Limited, No. 2 Industrial Third Road, Tangtou Community, Shiyan Street, Bao’an District, Shenzhen, Guangdong Province, China 518108 ALD (Hong Kong) Holdings Limited, 19H Maxgrand Plaza No. 3, Tai Yau Street, San Po Kong, Kowloon, Hong Kong STIIIZY Inc. d/b/a Shryne Group Inc., 2001 South Alameda Street, Los Angeles, CA 90058; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not be a party to this investigation. 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 complainant 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. E:\FR\FM\06MRN1.SGM 06MRN1 16026 Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices By order of the Commission. Issued: February 29, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–04705 Filed 3–5–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–693 and 731– TA–1629–1640 (Final)] Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations. United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–693 and 731–TA–1629–1640 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of mattresses, provided for in subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized Tariff Schedule of the United States, from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less than fair value and imports of mattresses from Indonesia for which Commerce has preliminarily determined that countervailable subsidies are not being provided by the Government of Indonesia to producers and exporters of mattresses from Indonesia. DATES: March 1, 2024. FOR FURTHER INFORMATION CONTACT: Mary Messer ((202) 205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:57 Mar 05, 2024 Jkt 262001 General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as follows: The products covered by these investigations are all types of youth and adult mattresses. The term ‘‘mattress’’ denotes an assembly of materials that at a minimum includes a ‘‘core,’’ which provides the main support system of the mattress, and may consist of innersprings, foam, other resilient filling, or a combination of these materials. Mattresses also may contain: (1) ‘‘upholstery,’’ the material between the core and the top panel of the ticking on a single-sided mattress, or between the core and the top and bottom panel of the ticking on a double-sided mattress; and/or (2) ‘‘ticking,’’ the outermost layer of fabric or other material (e.g., vinyl) that encloses the core and any upholstery, also known as a cover.1 Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of a negative preliminary determination by Commerce regarding whether certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in Indonesia of mattresses, and affirmative preliminary determinations by Commerce that such products imported from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on July 28, 2023, on behalf of Brooklyn Bedding LLC, Phoenix, Arizona; Carpenter Company, Richmond, Virginia; Corsicana Mattress Company, Dallas, Texas; Future Foam, Inc., Council Bluffs, Iowa; FXI, Inc., Radnor, Pennsylvania; Kolcraft Enterprises, Inc., Chicago, Illinois; Leggett & Platt, Incorporated, Carthage, Missouri; Serta Simmons Bedding, Inc., Doraville, 1 For a complete definition of mattresses, including exclusions and tariff treatment, see 89 FR 57–59, January 2, 2024, and 89 FR 15121–15124, 15126–15134, 15136–15157, 15161–15164, March 1, 2024. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Georgia; Southerland Inc., Antioch, Tennessee; Tempur Sealy International, Inc., Lexington, Kentucky; the International Brotherhood of Teamsters, Washington, DC; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, Washington, DC. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Although Commerce has preliminarily determined that countervailable subsidies are not being provided by the Government of Indonesia to producers and exporters of mattresses from Indonesia, for purposes of efficiency the Commission hereby waives rule 207.21(b) 2 so that the final phase of the investigation may proceed concurrently in the event that Commerce makes a final affirmative countervailing duty determination with respect to such imports. Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. 2 § 207.21(b) of the Commission’s rules provides that, where Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 16025-16026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04705]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1392]


Certain Oil Vaporizing Devices, Components Thereof, and Products 
Containing the Same; 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 January 30, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of PAX Labs Inc. 
of San Francisco, California. Supplements were filed on February 19, 
2024, February 20, 2024, and February 21, 2024. The complaint 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 oil vaporizing devices, components 
thereof, and products containing the same by reason of the infringement 
of certain claims of U.S. Patent No. 11,369,756 (``the '756 patent''); 
U.S. Patent No. 11,369,757 (``the '757 patent''); U.S. Patent No. 
11,766,527 (``the '527 patent''); 11,759,580 (``the '580 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 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: Katherine Hiner, The Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

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 February 29, 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, 5-13, and 15-17 of the '756 patent; claims 1-20 of the '757 
patent; claims 1-30 of the '527 patent; and claims 1-20 of the '580 
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 ``vaporizing devices 
capable of vaporizing oils, components thereof and products containing 
the same'' where the components of a vaporizing device are ``a 
mouthpiece, a cartridge body, an atomizer, a distal member, a bottom 
cover, a vaporizer body including a cartridge receiver,'' as well as a 
``battery,'' and where products containing the same are cartridge and 
battery components ``sold in combination with a power charging device 
in which the [cartridge] or battery would each be one component of the 
downstream product'';
    (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 complainant is:

PAX Labs Inc., 660 Alabama Street, Second Floor, San Francisco, CA, 
94110

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is the parties upon which the complaint 
is to be served:

STIIIZY IP LLC f/k/a STIIIZY, LLC, 728 East Commercial Street, Los 
Angeles, CA 90012
ALD Group Limited, No. 2 Industrial Third Road, Tangtou Community, 
Shiyan Street, Bao'an District, Shenzhen, Guangdong Province, China 
518108
ALD (Hong Kong) Holdings Limited, 19H Maxgrand Plaza No. 3, Tai Yau 
Street, San Po Kong, Kowloon, Hong Kong
STIIIZY Inc. d/b/a Shryne Group Inc., 2001 South Alameda Street, Los 
Angeles, CA 90058; and

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be a party to 
this investigation.
    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 
complainant 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.


[[Page 16026]]


    By order of the Commission.

    Issued: February 29, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04705 Filed 3-5-24; 8:45 am]
BILLING CODE 7020-02-P

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