ITC issues ruling on Certain Disposable Vaporizer Devices case

Oct.09.2024

ITC announces final ruling on e-cigarette products, finding multiple companies in China and the US absent from proceedings.

On October 8th, the United States International Trade Commission (ITC) announced that it has issued a final ruling on certain e-cigarette products (Certain Disposable Vaporizer Devices, investigation code: 337-TA-1410) under Section 337.

The ruling is as follows:

The administrative law judge's decision on September 16, 2024 (No. 17), to not review the case, thus affirming the absence of the defendants including Vapeonly Technology Co. Ltd. of Hong Kong, Nevera (HK) Ltd. of Hong Kong, Heaven Gifts International Ltd. of Hong Kong, Flumgio Technology Ltd. of Hong Kong, Shenzhen LC Technology Co., Ltd. of China, iMiracle (Shenzhen) Technology Co., Ltd. of China, Wonder Ladies Ltd. of British Virgin Islands, Sailing South Ltd. of British Virgin Islands, Palma Terra Ltd. of British Virgin Islands, Marea Morada Ltd. of British Virgin Islands, VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA, Social Brands, LLC of Dallas, TX, Flawless Vape Wholesale & Distribution Inc. of Anaheim, CA, Flawless Vape Shop Inc. of Anaheim, CA, and LCF Labs, Inc. of Canada.

On September 3, 2024, the Administrative Law Judge (ALJ) issued an order requiring the absent respondent to respond by September 13, or be deemed in default. On September 16, the ALJ officially ruled the absent respondent in default according to the relevant provisions. No party or related party filed a review application for this ruling. The Committee decided not to review the ruling, and the absent respondent was ultimately deemed in default.

References:

[1] 美国ITC发布对电子烟产品的337部分终裁

[2] NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION FINDING CERTAIN RESPONDENTS IN DEFAULT

Also Read:

[1] USITC Decision: Extension of Deadline for E-Cigarette Investigation

[2] ITC terminates investigation on Kimsun in e-cigarette dispute

[3] ITC Terminates Certain Claims in Patent Infringement Investigation

[4] USITC: 337 Investigation towards Disposable Atomizer Devices, 36 Companies Involved

[5] US ITC Issues Final Rulings on Disposable E-cigarette 337 Investigation

#North America #United States #Disposable e-cigarettes #Regulation

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