`
`
`
`
`
`Rhonda K. Schmidtlein
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`
`
`
`WASHINGTON, DC 20436
`December 14, 2023
`
`CO86-VV-003
`
`
`
`MEMORANDUM
`
`
`TO: Secretary
`
`
`FROM: Rhonda K. Schmidtlein
`
`
`SUBJECT: Complaint of R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor
`Company Concerning Certain Disposable Vaporizer Devices and Components and
`Packaging Thereof (Docket No. 3700)
`
`
`
`I support the Commission’s decision today to institute an investigation into
`alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. §
`1337), based on the above filed complaint. I also support the decision to decline
`institution as to the cause of action set out in paragraphs 120 through 136 and the
`cause of action set out in paragraphs 326 through 348 of the complaint. I write
`separately, however, because I do not join my colleagues’ decision to decline to
`include in the investigation proposed respondent Shenzhen Pingray Technology
`(“Pingray”). Instead, I find that the complaint and supporting exhibits sufficiently
`allege unfair acts in the importation of accused articles by Pingray to include it as a
`party.
`
`
`Commission Rule 210.12(a)(3) requires the complaint to “[d]escribe specific
`instances of alleged unlawful importations or sales.” 19 C.F.R. § 210.12(a)(3). The
`complaint alleges that Pingray violated section 337 based on Lanham Act and Pact
`Act cause of action instituted today in connection with the accused Esco Bars
`disposable vaping devices. Complaint at ¶ ¶ 137-141; 214-228. Among other things,
`the complaint alleges that Pingray manufactures the accused Esco Bars disposable
`vaping devices, which include product packaging that allegedly contain statements
`that falsely represent that those products do not contain flavoring. Id. at ¶ ¶ 62, 138.
`
`
`
`The complaint also alleges that Pingray sells for importation, imports, and/or sells
`after importation the accused Esco Bars disposable vaping devices. Id. at ¶ 362.
`
`
`The exhibits provided with the complaint tend to support the complaint’s
`allegation regarding the importation of the accused Esco Bars disposable vaping
`devices. Those exhibits include an FDA import alert document referred to as a “red
`list.” Ex. 14 at 6. The “red list” states that the FDA Center for Tobacco Products
`“has determined” that Pingray “may be importing/manufacturing/shipping a new
`tobacco product (Esco Bar/Escobar) without marketing authorization.” Id. at 6. The
`“red list” states that the FDA “may detain, without physical examination, the tobacco
`products identified” on the list. Id. at 2. In addition, the exhibits include receipts of
`purchase, overseas shipping information, and product packaging marked “Made in
`China” for accused Esco Bars disposable vaping devices. See Exs. 46 and 48.
`
` I
`
` find that the complaint and the supporting exhibits sufficiently allege unfair
`acts in the importation of the accused articles by Pingray to include it as a respondent
`in the investigation.
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
