`Washington, DC
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`Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received
`a complaint entitled Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof, DN 3685; 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.
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`FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
`Commission, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C. 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.
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`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.
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`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 JUUL Labs, Inc. and VMR Products LLC on June 30, 2023. 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 vaporizer devices, cartridges used therewith, and components thereof. The complaint
`names as respondents: NJOY, LLC of Phoenix, AZ; NJOY Holdings, Inc. of Scottsdale, AZ;
`Altria Group, Inc. of Richmond, VA; Altria Group Distribution Company of Richmond, VA; and
`Altria Client Services LLC of Richmond, VA. The complainant requests that the Commission
`issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’
`alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C.
`1337(j).
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`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
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`(ii)
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`(iii)
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`(iv)
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` (v)
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`identify any public health, safety, or welfare concerns in the United States relating
`to the requested remedial orders;
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`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;
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`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
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`explain how the requested remedial orders would impact United States
`consumers.
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`conditions in the United States economy, the production of like or directly competitive articles in
`the United States, or United States consumers.
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`In particular, the Commission is interested in comments that:
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`(i)
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`explain how the articles potentially subject to the requested remedial orders are
`used in the United States;
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`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 must also be filed by
`no later than the close of business, eight calendar days after publication of this notice in the
`Federal Register. Complainant may file replies to any written submissions no later than three
`calendar days after the date on which any initial submissions were due, notwithstanding §
`201.14(a) of the Commission’s Rules of Practice and Procedure. No other submissions will be
`accepted, unless requested by the Commission. Any submissions and replies filed in response to
`this Notice are limited to five (5) pages in length, inclusive of attachments.
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`Persons filing written submissions must file the original document electronically on or before the
`deadlines stated above. Submissions should refer to the docket number (“Docket No. 3685”) in a
`prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing
`Procedures, Electronic Filing Procedures1). Please note the Secretary's Office will accept only
`electronic filings during this time. Filings must be made through the Commission's Electronic
`Document Information System (EDIS, https://edis.usitc.gov.) No in-person paper-based filings
`or paper copies of any electronic filings will be accepted until further notice. Persons with
`questions regarding filing should contact the Secretary atEDIS3Help@usitc.gov.
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`1 Handbook for Electronic Filing Procedures:
`https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf
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`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 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
`personnel2, solely for cybersecurity purposes. All nonconfidential written submissions will be
`available for public inspection at the Office of the Secretary and on EDIS3.
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`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 §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and
`Procedure (19 CFR 201.10, 210.8(c)).
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`By order of the Commission.
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`Issued: June 30, 2023.
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`Lisa Barton,
`Secretary to the Commission.
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`2 All contract personnel will sign appropriate nondisclosure agreements.
`3 Electronic Document Information System (EDIS): https://edis.usitc.gov
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