Muhammad Uzair Khalid of Garland, Texas, pleaded guilty Nov. 23 to one count of trafficking in counterfeit goods, for illegally importing counterfeit vaping products from China, the Department of Justice said. The trafficked goods include counterfeit vaping atomizers, labels, boxes and bags for vaping-related products. Uzair admitted to regularly communicating with Chinese manufacturers about the counterfeit vaping products, including on methods to imitate the branding and logos of the well-known U.S. vape companies, DOJ said. The counterfeit goods were seized during a 2019 search of Uzair's storefront by ICE's Homeland Security Investigations as part of a broader initiative by the Centers for Disease Control and Prevention, the FDA and state and local health departments to counter lung-related diseases associated with unregulated vaping products.
The International Trade Commission published notices in the Nov. 10 Federal Register on the following AD/CV injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission will consider a ban on imports of oil-vaping cartridges from some 40 companies that allegedly infringe patents and trademarks held by Shenzhen Smoore Technology, the ITC said in a notice released Nov. 9 beginning a Section 337 investigation. In its Oct. 4 complaint (see 2110070028), Smoore said the companies are importing low-quality copies of its atomizers, cartridges, mouthpieces, vaporizers and vaping products using uncertified raw materials and manufactured by unidentified, shady and uncertified suppliers. The cartridges used with the vaporizers are filled with cannabidiol (CBD) or Marinol (THC) or a combination of both. The ITC will consider whether to issue a limited exclusion order and cease and desist orders banning importation and sale of infringing merchandise by the following respondents to its investigation:
The social spending and climate response bill known as Build Back Better has been scaled back to satisfy concerns of two Senate moderate Democrats, and as a result, many of the original pay-fors are gone, including a limitation on tobacco drawback and a plan to tax the nicotine in vaping cartridges.
The International Trade Commission published notices in the Oct. 8 Federal Register on the following AD/CV injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
Shenzhen Smoore Technology seeks a limited exclusion order banning imports of oil-vaping cartridges from some 40 companies that allegedly infringe its patents and trademarks, it told the International Trade Commission in a Section 337 complaint filed Oct. 4. Smoore says the companies are importing low quality copies of its atomizers, cartridges, mouthpieces, vaporizers and vaping products using uncertified raw materials and manufactured by unidentified, shady and uncertified suppliers. The cartridges used with the vaporizers are filled with cannabidiol (CBD) or Marinol (THC) or a combination of both. Smoore also seeks cease and desist orders against the allegedly infringing companies. Comments are due to the ITC by Oct. 18.
Senate Finance Committee Chairman Ron Wyden, D-Ore., says that although his initial list of pay-fors did not include any taxes on tobacco, he thinks the House Ways and Means Committee proposal is worthy of being included on what he called "a menu of options" to give Democratic senators choices. "I happen to think that this is an important idea, they're talking, I gather, at e-cigarettes," he said during a Capitol hallway interview.
Senate Finance Committee Chairman Ron Wyden, D-Ore., says that although his initial list of pay-fors did not include any taxes on tobacco, he thinks the House Ways and Means Committee proposal is worthy of being included on what he called "a menu of options" to give Democratic senators choices. "I happen to think that this is an important idea, they're talking, I gather, at e-cigarettes," he said during a Capitol hallway interview.
The ability to eliminate excise taxes on tobacco products through substitution drawback would end if the tax legislation the House Ways and Means Committee is considering becomes law. The U.S. considers this sort of drawback "double drawback," because the substitute exported product was never subject to excise taxes, and that is how the committee characterized it. "This provision stops the practice of double drawbacks for tobacco products by making exports that are not subject to excise tax ineligible for a drawback claim," the summary says.
The Customs Rulings Online Search System (CROSS) was updated July 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):