Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of a Commission Determination Not To Review Initial Determination Amending the Complaint and Notice of Investigation, 51900-51901 [2024-13427]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 51900 Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Notices 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 1–12 of the ’550 patent; claims 1–17 of the ’148 patent; claims 1, 5–7, and 10– 12 of the ’357 patent; claims 1–18 of the ’268 patent; and claims 1–17 of the ’008 patent, and whether an industry in the United States exists or is in the process of being established in the United States 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 ‘‘WiFi access points, routers, range extenders, and controllers and circuit boards for use in WiFi access points, routers and range extenders’’; (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: TP-Link USA Corporation, 10 Mauchly, Irvine, CA 92618 TP-Link Corporation PTE Ltd., 7 Temasek Boulevard, #29–03 Suntec Tower One, Singapore 038987 (b) The respondents are the following entities alleged to be in violation of section 337, and are the party upon which the complaint is to be served: Netgear Inc., 350 East Plumeria Drive, San Jose, CA 95134 (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 VerDate Sep<11>2014 17:08 Jun 18, 2024 Jkt 262001 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. By order of the Commission. Issued: June 14, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–13497 Filed 6–18–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1381] Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of a Commission Determination Not To Review Initial Determination Amending the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 27) issued by the chief administrative law judge (‘‘CALJ’’) granting the complainants’ motion to amend the complaint and notice of investigation (‘‘NOI’’) to add four entities as respondents in the abovecaptioned investigation. SUMMARY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. 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: On December 20, 2023, the Commission instituted this investigation based on a complaint filed on behalf of complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor Company (collectively, ‘‘Complainants’’). 88 FR 88111–12 (Dec. 20, 2023). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based upon the importation into the United States, and 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 Commission’s NOI named the following twenty-five (25) respondents: Affiliated Imports, LLC of Pflugerville, TX; American Vape Company, LLC a/k/ a American Vapor Company, LLC of Pflugerville, TX; Breeze Smoke, LLC of West Bloomfield, MI; Dongguan (Shenzhen) Shikai Technology Co., Ltd. of Guangdong, China; EVO Brands, LLC of Wilmington, DE; Flawless Vape Shop Inc. of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of Anaheim, CA; Guangdong Qisitech Co., Ltd. of Dongguan City, China; iMiracle (Shenzhen) Technology Co. Ltd. of Shenzhen, China; Magellan Technology Inc. of Buffalo, NY; Pastel Cartel, LLC of Pflugerville, TX; Price Point Distributors Inc. d/b/a Prince Point NY of Farmingdale, NY; PVG2, LLC of Wilmington, DE; Shenzhen Daosen Vaping Technology Co., Ltd. of Shenzhen, China; Shenzhen Fumot Technology Co., Ltd. of Shenzhen, China; Shenzhen Funyin Electronic Co., Ltd. of Guangdong, China; Shenzhen Han Technology Co., Ltd. of Shenzhen, China; Shenzhen Innokin Technology Co., Ltd. of Shenzhen, China; Shenzhen FOR FURTHER INFORMATION CONTACT: E:\FR\FM\20JNN1.SGM 20JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Notices IVPS Technology Co., Ltd. of Shenzhen, China; Shenzhen Noriyang of Shenzhen, China; Shenzhen Weiboli Technology Co. Ltd. of Shenzhen, China; SV3 LLC d/b/a Mi-One Brands of Phoenix, AZ; Thesy, LLC d/b/a Element Vape of El Monte, CA; Vapeonly Technology Co. Ltd. of Shenzhen, China; and VICA of Tustin, CA. Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Id. On April 10, 2024, Complainants filed an unopposed motion to amend the complaint and NOI (‘‘Motion to Amend’’) to add the following five entities as respondents in this investigation: (1) Capital Sales Company (‘‘Capital Sales’’); (2) Ecto World, LLC d/ b/a Demand Vape (‘‘Demand Vape’’); (3) Hong Kong IVPS International Ltd. (‘‘Hong Kong IVPS’’); (4) KMT Services LLC d/b/a KMT Distribution (‘‘KMT Distribution’’); and (5) Heaven Gifts International Ltd. (‘‘Heaven Gifts’’). ID at 1. On April 26, 2024, the CALJ denied Complainants’ Motion to Amend without prejudice because they had not demonstrated that the motion had been served on the five proposed respondents. Id. On April 30, 2024, Complainants filed proof of service indicating that the following four proposed respondents were served with the Motion to Amend on April 19, 2024: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong IVPS; and (4) KMT Distribution (collectively the ‘‘Proposed Respondents’’). ID at 2. Complainants did not provide proof that Heaven Gifts had been properly served. On May 9, 2024, Complainants, OUII, and 17 of the named respondents (see ID at 2 n.2) (collectively, the ‘‘parties’’) filed a joint submission regarding Complainants’ Motion to Amend. Id. In the joint submission, the parties represented, inter alia, that they do not oppose or take no position on adding the four Proposed Respondents to this investigation. Id. at 2–3. In the joint submission, Complainants also withdrew their request to add Heaven Gifts as a fifth respondent. Id. at 2. On May 20, 2024, the CALJ issued the subject ID (Order No. 27) pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting Complainants’ Motion to Amend with respect to adding the four Proposed Respondents to this investigation. The ID notes that the Proposed Respondents were served with a copy of the Motion to Amend ‘‘but none filed an opposition to [the] motion.’’ Id. at 7. The ID also finds that Complainants have established good cause to amend the complaint and notice of investigation to add allegations VerDate Sep<11>2014 17:08 Jun 18, 2024 Jkt 262001 that Proposed Respondents have violated section 337. Id. at 8. In addition, the ID finds that ‘‘the amendments will not prejudice respondents, the proposed respondents, OUII, or the public interest.’’ Id. No party filed a petition for review of the subject ID. The Commission has determined not to review the subject ID (Order No. 27). The following four entities are hereby added as respondents in this investigation: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong IVPS; and (4) KMT Distribution. The Commission vote for this determination took place on Issued: June 13, 2024. 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: June 13, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–13427 Filed 6–18–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint Certain Storage Containers and Toolboxes, Organizers, Components Boxes, Coolers and Accessories Used Therewith, DN 3755; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (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 SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 51901 accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov . The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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: The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd. on June 13, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain storage containers and toolboxes, organizers, components boxes, coolers and accessories used therewith. The complaint names as a respondent: Klein Tools, Inc. of Lincolnshire, IL. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondent 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 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 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 E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Notices]
[Pages 51900-51901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13427]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1381]


Certain Disposable Vaporizer Devices and Components and Packaging 
Thereof; Notice of a Commission Determination Not To Review Initial 
Determination Amending 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 has determined not to review an initial determination 
(``ID'') (Order No. 27) issued by the chief administrative law judge 
(``CALJ'') granting the complainants' motion to amend the complaint and 
notice of investigation (``NOI'') to add four entities as respondents 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On December 20, 2023, the Commission 
instituted this investigation based on a complaint filed on behalf of 
complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor 
Company (collectively, ``Complainants''). 88 FR 88111-12 (Dec. 20, 
2023). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based upon 
the importation into the United States, and 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 Commission's 
NOI named the following twenty-five (25) respondents: Affiliated 
Imports, LLC of Pflugerville, TX; American Vape Company, LLC a/k/a 
American Vapor Company, LLC of Pflugerville, TX; Breeze Smoke, LLC of 
West Bloomfield, MI; Dongguan (Shenzhen) Shikai Technology Co., Ltd. of 
Guangdong, China; EVO Brands, LLC of Wilmington, DE; Flawless Vape Shop 
Inc. of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of 
Anaheim, CA; Guangdong Qisitech Co., Ltd. of Dongguan City, China; 
iMiracle (Shenzhen) Technology Co. Ltd. of Shenzhen, China; Magellan 
Technology Inc. of Buffalo, NY; Pastel Cartel, LLC of Pflugerville, TX; 
Price Point Distributors Inc. d/b/a Prince Point NY of Farmingdale, NY; 
PVG2, LLC of Wilmington, DE; Shenzhen Daosen Vaping Technology Co., 
Ltd. of Shenzhen, China; Shenzhen Fumot Technology Co., Ltd. of 
Shenzhen, China; Shenzhen Funyin Electronic Co., Ltd. of Guangdong, 
China; Shenzhen Han Technology Co., Ltd. of Shenzhen, China; Shenzhen 
Innokin Technology Co., Ltd. of Shenzhen, China; Shenzhen

[[Page 51901]]

IVPS Technology Co., Ltd. of Shenzhen, China; Shenzhen Noriyang of 
Shenzhen, China; Shenzhen Weiboli Technology Co. Ltd. of Shenzhen, 
China; SV3 LLC d/b/a Mi-One Brands of Phoenix, AZ; Thesy, LLC d/b/a 
Element Vape of El Monte, CA; Vapeonly Technology Co. Ltd. of Shenzhen, 
China; and VICA of Tustin, CA. Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party in this 
investigation. Id.
    On April 10, 2024, Complainants filed an unopposed motion to amend 
the complaint and NOI (``Motion to Amend'') to add the following five 
entities as respondents in this investigation: (1) Capital Sales 
Company (``Capital Sales''); (2) Ecto World, LLC d/b/a Demand Vape 
(``Demand Vape''); (3) Hong Kong IVPS International Ltd. (``Hong Kong 
IVPS''); (4) KMT Services LLC d/b/a KMT Distribution (``KMT 
Distribution''); and (5) Heaven Gifts International Ltd. (``Heaven 
Gifts''). ID at 1.
    On April 26, 2024, the CALJ denied Complainants' Motion to Amend 
without prejudice because they had not demonstrated that the motion had 
been served on the five proposed respondents. Id. On April 30, 2024, 
Complainants filed proof of service indicating that the following four 
proposed respondents were served with the Motion to Amend on April 19, 
2024: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong IVPS; and (4) 
KMT Distribution (collectively the ``Proposed Respondents''). ID at 2. 
Complainants did not provide proof that Heaven Gifts had been properly 
served.
    On May 9, 2024, Complainants, OUII, and 17 of the named respondents 
(see ID at 2 n.2) (collectively, the ``parties'') filed a joint 
submission regarding Complainants' Motion to Amend. Id. In the joint 
submission, the parties represented, inter alia, that they do not 
oppose or take no position on adding the four Proposed Respondents to 
this investigation. Id. at 2-3. In the joint submission, Complainants 
also withdrew their request to add Heaven Gifts as a fifth respondent. 
Id. at 2.
    On May 20, 2024, the CALJ issued the subject ID (Order No. 27) 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting 
Complainants' Motion to Amend with respect to adding the four Proposed 
Respondents to this investigation. The ID notes that the Proposed 
Respondents were served with a copy of the Motion to Amend ``but none 
filed an opposition to [the] motion.'' Id. at 7. The ID also finds that 
Complainants have established good cause to amend the complaint and 
notice of investigation to add allegations that Proposed Respondents 
have violated section 337. Id. at 8. In addition, the ID finds that 
``the amendments will not prejudice respondents, the proposed 
respondents, OUII, or the public interest.'' Id.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 27). The following four entities are hereby added as respondents in 
this investigation: (1) Capital Sales; (2) Demand Vape; (3) Hong Kong 
IVPS; and (4) KMT Distribution.
    The Commission vote for this determination took place on Issued: 
June 13, 2024.
    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: June 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13427 Filed 6-18-24; 8:45 am]
BILLING CODE 7020-02-P

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