Investigations; Determinations, Modifications, and Rulings, etc.: Certain Disposable and Other Closed-System Electronic Nicotine Delivery Systems Devices and Components Thereof

Certain Disposable and Other Closed-System Electronic Nicotine Delivery Systems (ENDS); Devices and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation To Add Proposed Respondents

SUPPLEMENTARY INFORMATION:

The Commission instituted this investigation on March 3, 2026, based on a complaint filed by R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company, RAI Services Company, and Reynolds Marketing Services Company of Winston-Salem, North Carolina (collectively, "Complainants"). 91 FR 10414-15 (Mar. 3, 2026). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States and the sale of certain disposable and other closed-system electronic nicotine delivery systems (ENDS) devices and components thereof by reason of unfair methods of competition and unfair acts based on violations of the Prevent All Cigarette Trafficking Act, 15 U.S.C. 375 et seq., the threat or effect of which is to destroy or substantially injure an industry in the United States. Id. The notice of investigation named as respondents D&A Distribution, LLC d/b/a Strictly E-cig of Savannah, Georgia; ECTO World LLC d/b/a Demand Vape of Buffalo, New York; Geek Miracle (HK) Limited of Hong Kong, China; Guangdong Qisitech Co., Ltd. of Guangdong, China; Headway Funding Inc. d/b/a Jewel Distribution of Agoura Hills, California; Heaven Gifts International Ltd. of Shenzhen, China; iMiracle HK Limited of Hong Kong, China; iMiracle (Shenzhen) Technology Co. Ltd. of Shenzhen, China; Magellan Technology Inc. of Buffalo, New York; Midwest Goods Inc. d/b/a Midwest Distribution Illinois of Bensenville, Illinois; RZ Smoke Inc. of Suffield, Connecticut; Safa Goods, LLC of Punta Gorda, Florida; Shenzhen Geekvape Technology Co., Ltd of Shenzhen, China; Texas Central Distribution LLC of Houston, Texas; Unishow USA, Inc. of Houston, Texas; and Zhuhai Qisitech Co., Ltd. of Zhuhai, China (collectively, "Respondents"). Id. at 10415. The Office of Unfair Import Investigations is also a party in this investigation. Id.

On May 8, 2026, Complainants filed a motion to amend the complaint and notice of investigation to add the Proposed Respondents to the investigation based on information obtained in discovery. On May 20, 2026, Respondents filed a response in opposition to the motion, and OUII filed a response stating that they did not oppose the motion. On May 26, 2026, Complainants filed a reply in support of the motion.

On June 1, 2026, the ALJ issued the subject ID granting the motion to amend the complaint and notice of investigation to add the Proposed Respondents. The ID found that Complainants demonstrated good cause and that the amendment would not prejudice the private parties or the public interest. No petitions for review of the subject ID were filed.

The Commission has determined not to review the subject ID. The complaint and notice of investigation are amended to add respondents Nevera (HK) Limited, Wonder Ladies Limited, Sailing South Limited, Palma Terra Limited, and Marea Morada Limited.

The Commission vote for this determination took place on June 26, 2026.

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).