7020-02
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, S.W., Washington, D.C. 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 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: 6/18/2024 8:45 am; Publication Date: 6/20/2024]