83 FR 56376 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 219 (November 13, 2018)

Page Range		56376-56377
FR Document		2018-24679

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 219 (Tuesday, November 13, 2018)

[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56376-56377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24679]


=======================================================================
-----------------------------------------------------------------------

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 an amended 
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 26, 2018. The original complaint was filed on 
October 3, 2018 and a notice of receipt of complaint; solicitation of 
comments relating to the public interest was published in the Federal 
Register on October 11, 2018. The amended 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; Vapor 4 Life Holdings, Inc. of 
Northbrook, IL; 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; Asher 
Dynamics, Inc. of Chino; CA; Ply Rock of Chino, CA; Infinite-N 
Technology Limited of China; King Distribution LLC of Elmwood Park, NJ; 
and Keep Vapor Electronic Tech. Co., Ltd. of China. The amended

[[Page 56377]]

complaint alleges infringement of U.S. Patent Nos. 10,070,669; 
10,076,139; 10,045,568; 10,058,130 and 10,104,915. 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 
number (``Docket No. 3346'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic 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 30, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-24679 Filed 11-9-18; 8:45 am]
 BILLING CODE 7020-02-P

56376 Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices

age and sex. The 150 associated Hollywood & Tampa Reservation)); 20436, telephone (202) 205–2000. The
funerary objects are: 37 beads, 27 Shawnee Tribe; The Chickasaw Nation; public version of the complaint can be
gorgets and possible gorgets, 34 celts The Choctaw Nation of Oklahoma; The accessed on the Commission’s
and possible celts, 18 turtle and mollusk Muscogee (Creek) Nation; The Seminole Electronic Document Information
shells, 21 clay pots that may be Nation of Oklahoma; Thlopthlocco System (EDIS) at https://edis.usitc.gov,
reproductions, five flutes that are Tribal Town; and the United Keetoowah and will be available for inspection
possible reproductions, five large Band of Cherokee Indians in Oklahoma, during official business hours (8:45 a.m.
decorated sherds, one pipe, one mask hereafter referred to as ‘‘The Tribes.’’ to 5:15 p.m.) in the Office of the
that is a possible reproduction, and one • Pursuant to 43 CFR 10.11(c)(1), the Secretary, U.S. International Trade
unknown ceramic. disposition of the human remains and Commission, 500 E Street SW,
Consulting archeologists identified a associated funerary objects may be to Washington, DC 20436, telephone (202)
percentage of the collection to aid in The Tribes. 205–2000.
determining point of origin for the General information concerning the
collection. A 5% random sampling of Additional Requestors and Disposition
Commission may also be obtained by
over 1,000 project points revealed that Representatives of any Indian Tribe or accessing its internet server at United
over 80% originated from Georgia and Native Hawaiian organization not States International Trade Commission
Tennessee. A 20% sampling of pottery identified in this notice that wish to (USITC) at https://www.usitc.gov. The
sherds also verified that over 80% of the request transfer of control of these public record for this investigation may
sherds were from Georgia and human remains and associated funerary be viewed on the Commission’s
Tennessee. objects should submit a written request Electronic Document Information
with information in support of the System (EDIS) at https://edis.usitc.gov.
Determinations Made by Historic
request to Terra Martinez, Historic Hearing-impaired persons are advised
Westville, Inc.
Westville, Inc., 1130 Martin Luther King that information on this matter can be
Officials of Historic Westville, Inc. Jr. Blvd., Columbus, GA 31906, obtained by contacting the
have determined that: telephone (706) 940–0057, email office@ Commission’s TDD terminal on (202)
• Pursuant to 25 U.S.C. 3001(9), the westville.org, by December 13, 2018. 205–1810.
human remains described in this notice After that date, if no additional
are Native American based on their SUPPLEMENTARY INFORMATION: The
requestors have come forward, transfer Commission has received an amended
inclusion in a collection of over 13,000 of control of the human remains and
Native American artifacts. complaint and a submission pursuant to
associated funerary objects to The
• Pursuant to 25 U.S.C. 3001(9), the Tribes may proceed.
§ 210.8(b) of the Commission’s Rules of
human remains described in this notice Practice and Procedure filed on behalf
Historic Westville, Inc. is responsible of Juul Labs, Inc., on October 26, 2018.
represent the physical remains of four for notifying The Tribes and The
individuals of Native American The original complaint was filed on
Consulted Tribes that this notice has October 3, 2018 and a notice of receipt
ancestry. been published.
• Pursuant to 25 U.S.C. 3001(3)(A), of complaint; solicitation of comments
the 150 objects described in this notice Dated: October 9, 2018. relating to the public interest was
are reasonably believed to have been Melanie O’Brien, published in the Federal Register on
placed with or near individual human Manager, National NAGPRA Program. October 11, 2018. The amended
remains at the time of death or later as [FR Doc. 2018–24664 Filed 11–9–18; 8:45 am] complaint alleges violations of section
part of the death rite or ceremony. BILLING CODE 4312–52–P
337 of the Tariff Act of 1930 (19 U.S.C.
• Pursuant to 25 U.S.C. 3001(2), a 1337) in the importation into the United
relationship of shared group identity States, the sale for importation, and the
cannot be reasonably traced between the INTERNATIONAL TRADE sale within the United States after
Native American human remains and COMMISSION importation of certain electronic
associated funerary objects and any nicotine delivery systems and
present-day Indian Tribe. Notice of Receipt of Complaint; components thereof. The complaint
• According to the final judgement of Solicitation of Comments Relating to names as respondents: J Well France
the Indian Claims Commission or the the Public Interest S.A.S. of France; Bo Vaping of Garden
Court of Federal Claims, the land from City, NY; MMS Distribution LLC of
which the Native American human AGENCY: U.S. International Trade Rock Hill, NY; The Electric Tobacconist,
remains and associated funerary objects Commission. LLC of Boulder, CO; Vapor 4 Life
were removed is aboriginal land of the ACTION: Notice. Holdings, Inc. of Northbrook, IL;
Alabama-Coushatta Tribe of Texas Eonsmoke, LLC of Clifton, NJ; ZLab S.A.
(previously listed as the Alabama- SUMMARY: Notice is hereby given that of Uruguay; Ziip Lab Co., Limited of
Coushatta Tribes of Texas); Alabama- the U.S. International Trade China; Shenzhen Yibo Technology Co.,
Quassarte Tribal Town; Catawba Indian Commission has received a complaint Ltd. of China; XFire, Inc. of Stafford,
Nation (aka Catawba Tribe of South entitled Certain Electronic Nicotine TX; ALD Group Limited of China; Flair
Carolina); Cherokee Nation; Coushatta Delivery Systems and Components Vapor LLC of South Plainfield, NJ;
Tribe of Louisiana; Eastern Band of Thereof, DN 3346; the Commission is Shenzhen Joecig Technology Co., Ltd. of
Cherokee Indians; Eastern Shawnee soliciting comments on any public China; Myle Vape Inc. of Jamaica, NY:
Tribe of Oklahoma; Mississippi Band of interest issues raised by the complaint Vapor Hub International, Inc. of Simi
amozie on DSK3GDR082PROD with NOTICES1

Choctaw Indians; Poarch Band of Creeks or complainant’s filing pursuant to the Valley, CA; Limitless Mod Co. of Simi
(previously listed as the Poarch Band of Commission’s Rules of Practice and Valley, CA; Asher Dynamics, Inc. of
Creek Indians of Alabama); Sac & Fox Procedure. Chino; CA; Ply Rock of Chino, CA;
Tribe of the Mississippi in Iowa; FOR FURTHER INFORMATION CONTACT: Lisa Infinite-N Technology Limited of China;
Seminole Tribe of Florida (previously R. Barton, Secretary to the Commission, King Distribution LLC of Elmwood Park,
listed as the Seminole Tribe of Florida U.S. International Trade Commission, NJ; and Keep Vapor Electronic Tech.
(Dania, Big Cypress, Brighton, 500 E Street SW, Washington, DC Co., Ltd. of China. The amended

VerDate Sep<11>2014 17:34 Nov 09, 2018 Jkt 247001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1

Document Created: 2018-11-10 03:18:49
Document Modified: 2018-11-10 03:18:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		83 FR 56376