Certain Electronic Nicotine Delivery Systems and Components Thereof; Commission Decision Not To Review an Initial Determination Granting a Joint, Unopposed Motion To Amend the Amended Complaint and Notice of Investigation

• Published date: 20 June 2019
• Citation: 84 FR 28855
• Record Number: 2019-13080
• Section: Notices
• Court: International Trade Commission

Federal Register, Volume 84 Issue 119 (Thursday, June 20, 2019)

[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
                [Notices]
                [Page 28855]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-13080]
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                INTERNATIONAL TRADE COMMISSION
                [Investigation No. 337-TA-1139]
                Certain Electronic Nicotine Delivery Systems and Components
                Thereof; Commission Decision Not To Review an Initial Determination
                Granting a Joint, Unopposed Motion To Amend the Amended Complaint and
                Notice of Investigation
                AGENCY: U.S. International Trade Commission.
                ACTION: Notice.
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                SUMMARY: Notice is hereby given that the U.S. International Trade
                Commission has determined not to review an initial determination
                (``ID'') (Order No. 26) of the administrative law judge (``ALJ'')
                granting a joint, unopposed motion to amend the amended complaint and
                notice of investigation (``NOI'').
                FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
                Counsel, U.S. International Trade Commission, 500 E Street SW,
                Washington, DC 20436, telephone (202) 708-4716. Copies of non-
                confidential documents filed in connection with this investigation are
                or 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 https://www.usitc.gov. The public record for this investigation may be viewed
                on the Commission's electronic docket (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: On December 13, 2018, the Commission
                instituted this investigation under section 337 of the Tariff Act of
                1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
                complaint filed by Juul Labs, Inc. of San Francisco, California
                (``Complainant''). See 83 FR 64156-57 (Dec. 13, 2018). The complaint,
                as amended and supplemented, alleges a violation 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
                electronic nicotine delivery systems and components thereof by reason
                of infringement of certain claims of U.S. Patent Nos. 10,070,669;
                10,076,139; 10,045,568; 10,058,130; and 10,104,915. See id. The NOI
                names numerous respondents, including Ziip Lab Co., Ltd. of Shenzhen
                City, China (``Respondent''). See id. The Office of Unfair Import
                Investigations (``OUII'') is also a party to the investigation. See id.
                 On May 9, 2019, Complainant and Respondent filed a joint motion
                (``Motion'') to amend the amended complaint and NOI to correct the name
                of Respondent from its alias ``Ziip Lab Co., Ltd.'' to its legal name
                ``SS Group Holdings.'' OUII and certain respondents indicated that they
                do not oppose the Motion while other respondents indicated that they
                take no position with respect to the Motion.
                 On May 21, 2019, the ALJ issued the subject ID (Order No. 26)
                granting the Motion. The ID finds that, under Commission Rule
                210.14(b), 19 CFR 210.14(b), ``good cause exists to amend the amended
                complaint and notice of investigation to conform to the correct
                information.'' See ID at 2. In addition, the ID finds that ``this
                amendment would not prejudice the public interest or the rights of the
                parties to the investigation.'' See id.
                 No petition for review of the subject ID was filed. The Commission
                has determined not to review the ID.
                 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 14, 2019.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2019-13080 Filed 6-19-19; 8:45 am]
                 BILLING CODE 7020-02-P