83_FR_51699 83 FR 51502 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 51502 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51502-51503
FR Document2018-22156

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electronic Nicotine Delivery Systems and Components Thereof, DN 3346; 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.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51502-51503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22156]


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

INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Electronic 
Nicotine Delivery Systems and Components Thereof, DN 3346; 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, and 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 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 Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Juul Labs, Inc., on October 
3, 2018. 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 electronic nicotine delivery systems and 
components thereof. The complaint names as respondents: J Well France 
S.A.S. of France; Bo Vaping of Garden City, NY; MMS Distribution LLC of 
Rock Hill, NY; The Electric Tobacconist, LLC of Boulder, CO; Eonsmoke, 
LLC of Clifton, NJ; ZLab S.A. of Uruguay; Ziip Lab Co., Limited of 
China; Shenzhen Yibo Technology Co., Ltd. of China; XFire, Inc. of 
Stafford, TX; ALD Group Limited of China; Flair Vapor LLC of South 
Plainfield, NJ; Shenzhen Joecig Technology Co., Ltd. of China; Myle 
Vape Inc. of Jamaica, NY: Vapor Hub International, Inc. of Simi Valley, 
CA; Limitless Mod Co. of Simi Valley CA; Infinite-N Technology Limited 
of China; King Distribution LLC of Elmwood Park, NJ; and Keep Vapor 
Electronic Tech. Co., Ltd. of China. The complainant requests that the 
Commission issue a limited exclusion order, cease and desist orders and 
impose a bond during the 60-day 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 Sec.  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 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 Sec.  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 Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket

[[Page 51503]]

number (``Docket No. 3346) in a prominent place on the cover page and/
or the first page. (See Handbook for Electonic Filing Procedures, 
Electronic Filing Procedures \1\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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 
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\.
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    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 Sec. Sec.  
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: October 5, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-22156 Filed 10-10-18; 8:45 am]
 BILLING CODE 7020-02-P



                                               51502                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               will be placed in the nonpublic record                  20436, telephone (202) 205–2000. The                  inclusive of attachments, on any public
                                               on October 24, 2018; and a public                       public version of the complaint can be                interest issues raised by the complaint
                                               version will be issued thereafter.                      accessed on the Commission’s                          or § 210.8(b) filing. Comments should
                                                 For further information concerning                    Electronic Document Information                       address whether issuance of the relief
                                               these investigations see the                            System (EDIS) at https://edis.usitc.gov,              specifically requested by the
                                               Commission’s notice cited above and                     and will be available for inspection                  complainant in this investigation would
                                               the Commission’s Rules of Practice and                  during official business hours (8:45 a.m.             affect the public health and welfare in
                                               Procedure, part 201, subparts A and B                   to 5:15 p.m.) in the Office of the                    the United States, competitive
                                               (19 CFR part 201), and part 207,                        Secretary, U.S. International Trade                   conditions in the United States
                                               subparts A and C (19 CFR part 207).                     Commission, 500 E Street SW,                          economy, the production of like or
                                                 Additional written submissions to the                 Washington, DC 20436, telephone (202)                 directly competitive articles in the
                                               Commission, including requests                          205–2000.                                             United States, or United States
                                               pursuant to section 201.12 of the                         General information concerning the                  consumers.
                                               Commission’s rules, shall not be                        Commission may also be obtained by                       In particular, the Commission is
                                               accepted unless good cause is shown for                 accessing its internet server at United               interested in comments that:
                                               accepting such submissions, or unless                   States International Trade Commission                    (i) Explain how the articles
                                               the submission is pursuant to a specific                (USITC) at https://www.usitc.gov . The                potentially subject to the requested
                                               request by a Commissioner or                            public record for this investigation may              remedial orders are used in the United
                                               Commission staff.                                       be viewed on the Commission’s                         States;
                                                 In accordance with sections 201.16(c)                 Electronic Document Information                          (ii) identify any public health, safety,
                                               and 207.3 of the Commission’s rules,                    System (EDIS) at https://edis.usitc.gov.              or welfare concerns in the United States
                                               each document filed by a party to the                   Hearing-impaired persons are advised                  relating to the requested remedial
                                               investigations must be served on all                    that information on this matter can be                orders;
                                                                                                                                                                (iii) identify like or directly
                                               other parties to the investigations (as                 obtained by contacting the
                                                                                                                                                             competitive articles that complainant,
                                               identified by either the public or BPI                  Commission’s TDD terminal on (202)
                                                                                                                                                             its licensees, or third parties make in the
                                               service list), and a certificate of service             205–1810.
                                                                                                                                                             United States which could replace the
                                               must be timely filed. The Secretary will                SUPPLEMENTARY INFORMATION: The                        subject articles if they were to be
                                               not accept a document for filing without                Commission has received a complaint                   excluded;
                                               a certificate of service.                               and a submission pursuant to § 210.8(b)                  (iv) indicate whether complainant,
                                                 Authority: These investigations are being             of the Commission’s Rules of Practice                 complainant’s licensees, and/or third
                                               conducted under authority of title VII of the           and Procedure filed on behalf of Juul                 party suppliers have the capacity to
                                               Tariff Act of 1930; this notice is published            Labs, Inc., on October 3, 2018. The                   replace the volume of articles
                                               pursuant to section 207.21 of the                       complaint alleges violations of section
                                               Commission’s rules.
                                                                                                                                                             potentially subject to the requested
                                                                                                       337 of the Tariff Act of 1930 (19 U.S.C.              exclusion order and/or a cease and
                                                 By order of the Commission.                           1337) in the importation into the United              desist order within a commercially
                                                 Issued: October 4, 2018.                              States, the sale for importation, and the             reasonable time; and
                                               Lisa Barton,                                            sale within the United States after                      (v) explain how the requested
                                               Secretary to the Commission.                            importation of certain electronic                     remedial orders would impact United
                                               [FR Doc. 2018–22042 Filed 10–10–18; 8:45 am]
                                                                                                       nicotine delivery systems and                         States consumers.
                                                                                                       components thereof. The complaint                        Written submissions on the public
                                               BILLING CODE 7020–02–P
                                                                                                       names as respondents: J Well France                   interest must be filed no later than by
                                                                                                       S.A.S. of France; Bo Vaping of Garden                 close of business, eight calendar days
                                               INTERNATIONAL TRADE                                     City, NY; MMS Distribution LLC of                     after the date of publication of this
                                               COMMISSION                                              Rock Hill, NY; The Electric Tobacconist,              notice in the Federal Register. There
                                                                                                       LLC of Boulder, CO; Eonsmoke, LLC of                  will be further opportunities for
                                               Notice of Receipt of Complaint;                         Clifton, NJ; ZLab S.A. of Uruguay; Ziip               comment on the public interest after the
                                               Solicitation of Comments Relating to                    Lab Co., Limited of China; Shenzhen                   issuance of any final initial
                                               the Public Interest                                     Yibo Technology Co., Ltd. of China;                   determination in this investigation. Any
                                                                                                       XFire, Inc. of Stafford, TX; ALD Group                written submissions on other issues
                                               AGENCY: U.S. International Trade                        Limited of China; Flair Vapor LLC of                  should be filed no later than by close of
                                               Commission.                                             South Plainfield, NJ; Shenzhen Joecig                 business nine calendar days after the
                                               ACTION: Notice.                                         Technology Co., Ltd. of China; Myle                   date of publication of this notice in the
                                                                                                       Vape Inc. of Jamaica, NY: Vapor Hub                   Federal Register. Complainant may file
                                               SUMMARY:    Notice is hereby given that                 International, Inc. of Simi Valley, CA;               a reply to any written submission no
                                               the U.S. International Trade                            Limitless Mod Co. of Simi Valley CA;                  later than the date on which
                                               Commission has received a complaint                     Infinite-N Technology Limited of China;               complainant’s reply would be due
                                               entitled Certain Electronic Nicotine                    King Distribution LLC of Elmwood Park,                under § 210.8(c)(2) of the Commission’s
                                               Delivery Systems and Components                         NJ; and Keep Vapor Electronic Tech.                   Rules of Practice and Procedure (19 CFR
                                               Thereof, DN 3346; the Commission is                     Co., Ltd. of China. The complainant                   210.8(c)(2)).
                                               soliciting comments on any public                       requests that the Commission issue a                     Persons filing written submissions
                                               interest issues raised by the complaint                 limited exclusion order, cease and                    must file the original document
khammond on DSK30JT082PROD with NOTICES




                                               or complainant’s filing pursuant to the                 desist orders and impose a bond during                electronically on or before the deadlines
                                               Commission’s Rules of Practice and                      the 60-day review period pursuant to 19               stated above and submit 8 true paper
                                               Procedure.                                              U.S.C. 1337(j).                                       copies to the Office of the Secretary by
                                               FOR FURTHER INFORMATION CONTACT:   Lisa                   Proposed respondents, other                         noon the next day pursuant to § 210.4(f)
                                               R. Barton, Secretary to the Commission,                 interested parties, and members of the                of the Commission’s Rules of Practice
                                               U.S. International Trade Commission,                    public are invited to file comments, not              and Procedure (19 CFR 210.4(f)).
                                               500 E Street SW, Washington, DC                         to exceed five (5) pages in length,                   Submissions should refer to the docket


                                          VerDate Sep<11>2014   20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                               51503

                                               number (‘‘Docket No. 3346) in a                         JOINT BOARD FOR THE                                   renewal of the charter of the Advisory
                                               prominent place on the cover page and/                  ENROLLMENT OF ACTUARIES                               Committee on Actuarial Examinations.
                                               or the first page. (See Handbook for                                                                          FOR FURTHER INFORMATION CONTACT:
                                               Electonic Filing Procedures, Electronic                 Meeting of the Advisory Committee                     Thomas V. Curtin, Jr., Executive
                                               Filing Procedures 1). Persons with                      AGENCY: Joint Board for the Enrollment                Director, at nhqjbea@irs.gov.
                                               questions regarding filing should                       of Actuaries.                                         SUPPLEMENTARY INFORMATION: The
                                               contact the Secretary (202–205–2000).                                                                         purpose of the Advisory Committee on
                                                                                                       ACTION: Notice of Federal Advisory
                                                  Any person desiring to submit a                      Committee meeting.                                    Examinations (Advisory Committee) is
                                               document to the Commission in                                                                                 to advise the Joint Board for the
                                               confidence must request confidential                    SUMMARY:   The Joint Board for the                    Enrollment of Actuaries (Joint Board) on
                                               treatment. All such requests should be                  Enrollment of Actuaries gives notice of               examinations in actuarial mathematics
                                               directed to the Secretary to the                        a closed meeting of the Advisory                      and methodology. The Joint Board
                                               Commission and must include a full                      Committee on Actuarial Examinations.                  administers such examinations in
                                               statement of the reasons why the                        DATES: The meeting will be held on                    discharging its statutory mandate to
                                               Commission should grant such                            October 26, 2018, from 8:30 a.m. to 5:00              enroll individuals who wish to perform
                                               treatment. See 19 CFR 201.6. Documents                  p.m.                                                  actuarial services with respect to
                                               for which confidential treatment by the                 ADDRESSES: The meeting will be held at                pension plans subject to the Employee
                                               Commission is properly sought will be                   Segal Consulting, 333 W 34th St., New                 Retirement Income Security Act of 1974.
                                               treated accordingly. All such requests                  York, NY 10001.                                       The Advisory Committee’s functions
                                               should be directed to the Secretary to                  FOR FURTHER INFORMATION CONTACT:                      include, but are not necessarily limited
                                               the Commission and must include a full                  Elizabeth Van Osten, Designated Federal               to, considering and recommending
                                               statement of the reasons why the                        Officer, Advisory Committee on                        examination topics, developing
                                               Commission should grant such                            Actuarial Examinations, at 202–317–                   examination questions, recommending
                                               treatment. See 19 CFR 201.6. Documents                  3648.                                                 proposed examinations and pass marks,
                                               for which confidential treatment by the                                                                       and as requested by the Joint Board,
                                               Commission is properly sought will be                   SUPPLEMENTARY INFORMATION: Notice is
                                                                                                                                                             making recommendations relative to the
                                               treated accordingly. All information,                   hereby given that the Advisory
                                                                                                                                                             examination program.
                                               including confidential business                         Committee on Actuarial Examinations
                                                                                                       will meet at Segal Consulting, 333 W                    Dated: October 3, 2018.
                                               information and documents for which
                                                                                                       34th St., New York, NY 10001, on                      Chet Andrzejewski,
                                               confidential treatment is properly
                                               sought, submitted to the Commission for                 October 26, 2018, from 8:30 a.m. to 5:00              Chairman, Joint Board for the Enrollment of
                                                                                                       p.m.                                                  Actuaries.
                                               purposes of this Investigation may be
                                               disclosed to and used: (i) By the                         The purpose of the meeting is to                    [FR Doc. 2018–22051 Filed 10–10–18; 8:45 am]
                                               Commission, its employees and Offices,                  discuss topics and questions that may                 BILLING CODE 4830–01–P

                                               and contract personnel (a) for                          be recommended for inclusion on future
                                               developing or maintaining the records                   Joint Board examinations in actuarial
                                               of this or a related proceeding, or (b) in              mathematics, pension law and                          DEPARTMENT OF JUSTICE
                                               internal investigations, audits, reviews,               methodology referred to in 29 U.S.C.
                                               and evaluations relating to the                         1242(a)(1)(B).                                        Antitrust Division
                                                                                                         A determination has been made as
                                               programs, personnel, and operations of
                                                                                                       required by section 10(d) of the Federal              Notice Pursuant to the National
                                               the Commission including under 5
                                                                                                       Advisory Committee Act, 5 U.S.C. App.,                Cooperative Research and Production
                                               U.S.C. Appendix 3; or (ii) by U.S.
                                                                                                       that the subject of the meeting falls                 Act of 1993; American Society of
                                               government employees and contract
                                                                                                       within the exception to the open                      Mechanical Engineers
                                               personnel 2, solely for cybersecurity
                                                                                                       meeting requirement set forth in Title 5
                                               purposes. All nonconfidential written                                                                           Notice is hereby given that, on
                                                                                                       U.S.C. 552b(c)(9)(B), and that the public
                                               submissions will be available for public                                                                      September 6, 2018, pursuant to Section
                                                                                                       interest requires that such meeting be
                                               inspection at the Office of the Secretary                                                                     6(a) of the National Cooperative
                                                                                                       closed to public participation.
                                               and on EDIS 3.                                                                                                Research and Production Act of 1993,
                                                  This action is taken under the                         Dated: October 3, 2018.                             15 U.S.C. 4301 et seq. (‘‘the Act’’),
                                               authority of section 337 of the Tariff Act              Thomas V. Curtin, Jr.,                                American Society of Mechanical
                                               of 1930, as amended (19 U.S.C. 1337),                   Executive Director, Joint Board for the               Engineers (‘‘ASME’’) has filed written
                                               and of §§ 201.10 and 210.8(c) of the                    Enrollment of Actuaries.                              notifications simultaneously with the
                                               Commission’s Rules of Practice and                      [FR Doc. 2018–22050 Filed 10–10–18; 8:45 am]          Attorney General and the Federal Trade
                                               Procedure (19 CFR 201.10, 210.8(c)).                    BILLING CODE 4830–01–P                                Commission disclosing additions or
                                                 By order of the Commission.
                                                                                                                                                             changes to its standards development
                                                                                                                                                             activities. The notifications were filed
                                                 Issued: October 5, 2018.
                                                                                                       JOINT BOARD FOR THE                                   for the purpose of extending the Act’s
                                               Lisa Barton,                                            ENROLLMENT OF ACTUARIES                               provisions limiting the recovery of
                                               Secretary to the Commission.                                                                                  antitrust plaintiffs to actual damages
                                               [FR Doc. 2018–22156 Filed 10–10–18; 8:45 am]            Renewal of Charter of Advisory                        under specified circumstances.
                                                                                                       Committee on Actuarial Examinations                   Specifically, since January 23, 2018,
khammond on DSK30JT082PROD with NOTICES




                                               BILLING CODE 7020–02–P

                                                                                                       AGENCY: Joint Board for the Enrollment                ASME has published eight new
                                                 1 Handbook    for Electronic Filing Procedures:       of Actuaries.                                         standards, added one consensus
                                               https://www.usitc.gov/documents/handbook_on_                                                                  committee charter, and initiated two
                                               filing_procedures.pdf.                                  ACTION: Notice of renewal of Advisory
                                                  2 All contract personnel will sign appropriate       Committee.                                            new standards activities within the
                                               nondisclosure agreements.                                                                                     general nature and scope of ASME’s
                                                  3 Electronic Document Information System             SUMMARY: The Joint Board for the                      standards development activities, as
                                               (EDIS): https://edis.usitc.gov.                         Enrollment of Actuaries announces the                 specified in its original notification.


                                          VerDate Sep<11>2014   20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1



Document Created: 2018-10-11 15:34:45
Document Modified: 2018-10-11 15:34:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa 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, and 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.
FR Citation83 FR 51502 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR