ITC terminates investigation on Kimsun in e-cigarette dispute

Sep.25.2024

ITC terminates investigation on disposable e-cigarette devices, issuing settlement order to Kimsun in 337 case.

On September 23, according to the latest announcement by the U.S. International Trade Commission (ITC), in the 337 investigation case regarding certain disposable e-cigarette devices, the commission decided not to review the initial determination of the Administrative Law Judge (ALJ). This means that based on a mutually agreed settlement agreement, the investigation into Kimsun Technology (HuiZhou) Co., Ltd. has been terminated.

The investigation case number is 337-TA-1410, which began on July 22, 2024, brought by the plaintiffs RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, RAI Services Company, collectively known as the plaintiffs. They accused 35 companies, including Kimsun, of violating Section 337 of the Tariff Act of 1930. The plaintiffs claim that these companies have imported, sold, and/or sold after importation disposable e-cigarette devices and their components in the United States, infringing on their patents.

On August 16, 2024, Kimsun applied to terminate the investigation against it based on a consent order. On August 22, the Office of Unfair Import Investigations (OUII) supported the motion, with no opposition from other parties. On August 28, the Administrative Law Judge (ALJ) issued a preliminary ruling to terminate the investigation against Kimsun, stating that the consent order complied with ITC rules 210.21(c)(3) and (4), and that the termination of the investigation would not be against the public interest.

ITC decided not to review the ruling in the vote on September 23 and issued a consent order to Kimsun. This marks the end of the legal dispute for Kimsun in the 337 investigation case.

References:

[1] NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION TERMINATING THE INVESTIGATION AS TO RESPONDENT KIMSUN BASED ON A CONSENT ORDER STIPULATION; ISSUANCE OF A CONSENT ORDER

Also Read:

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

[2] Response to Preliminary Ruling on JUUL Labs Patent Infringement

[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

[6] U.S. ITC Initiates 337 Investigation on STIIIZY and ALD

[7] Reynolds 337 Case: ITC may Initiate Investigation after November 13

[8] Expert Insights on Reynolds 337 Investigation: Hard to Get ITC Abandon Jurisdiction

[9] Legal Battle: Altria's NJOY Sues JUUL for Patent Infringement

[10] ITC Receives Complaint from Reynolds Targeting Multiple Vaping Manufacturers and Distributors

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

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