[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73748-73749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25478]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1211]


Certain Vaporizer Cartridges and Components and Accessories 
Thereof; Notice of Commission Determination Not To Review an Initial 
Determination Granting Complainant's Motion for Leave To Amend the 
Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review the 
Administrative Law Judge's (``ALJ'') initial determination (``ID'') 
(Order No. 22) granting the complainant's motion for leave to amend the 
complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 14, 2020, the Commission 
instituted this investigation based on a complaint, as supplemented, 
filed on behalf of Juul Labs, Inc. of San Francisco, California. 85 FR 
49679 (Aug. 14, 2020). The complaint, as supplemented, alleges 
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, the 
sale for importation, and the sale within the United States after 
importation of certain vaporizer cartridges and components thereof by 
reason of infringement of U.S. Design Patent Nos.

[[Page 73749]]

D842,536; D858,870; D858,869; and D858,868. Id. The complaint further 
alleges that a domestic industry exists. Id. The Commission's notice of 
investigation names forty-nine (49) respondents, including 2nd Wife 
Vape of Haslet, Texas (``2nd Wife Vape''); CaryTown Tobacco of 
Richmond, Virginia (``CaryTown Tobacco''); eJuiceDB of Farmingdale, New 
York (``eJuiceDB''); EZFumes of Bedford, Texas (``EZFumes''); Limitless 
Accessories, Inc. of Tinley Park, Illinois (``Limitless Accessories, 
Inc.''); Mr. Fog of Bensenville, Illinois (``Mr. Fog''); Naturally 
Peaked Health Co. of Brewster, New York (``Naturally Peaked Health 
Co.''); Price Point NY of Farmingdale, New York (``Price Point NY''); 
Puff E-Cig of Imlay City, Michigan (``Puff E-Cig''); Shenzhen Azure 
Tech USA LLC f/k/a DS Vaping P.R.C. of Guangdong, China (``Shenzhen 
Azure Tech USA LLC f/k/a DS Vaping P.R.C.''); Shenzhen Yark Technology 
Co., Ltd. of Shenzhen, China (``Shenzhen Yark Technology Co., Ltd.''); 
Smoker's Express of Auburn Hills, Michigan (``Smoker's Express''); 
Tobacco Alley of Midland of Midland, Texas (``Tobacco Alley of 
Midland''); Valgous of Bensenville, Illinois (``Valgous''); and Vape 'n 
Glass of Streamwood, Illinois (``Vape 'n Glass''). See id. The Office 
of Unfair Import Investigations (``OUII'') is also a party to the 
investigation. See id.
    On October 5, 2020, the complainant filed a motion to amend the 
complaint and notice of investigation to correct the addresses and list 
the full legal names of certain respondents. Specifically, the 
complainant seeks to: (1) Include the true legal names for respondents 
2nd Wife Vape, CaryTown Tobacco, eJuiceDB, EZFumes, Price Point NY, 
Smoker's Express, Tobacco Alley of Midland, Vape 'n Glass, Naturally 
Peaked Health Co., and Puff E-Cig; (2) correct the addresses for 
respondents Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. and 
Shenzhen Yark Technology Co., Ltd.; (3) correct that respondents 
Limitless Accessories, Inc. and Valgous are a single legal entity named 
Limitless Accessories, Inc. d/b/a Valgous; and (4) correct both the 
name and address for respondent Mr. Fog.
    None of the respondents filed a response. On October 15, 2020, OUII 
filed a response supporting complainant's motion.
    On October 21, 2020, the ALJ issued the subject ID granting, 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), the 
complainant's motion. See Order No. 22 (Oct. 21, 2020). No party 
petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on November 
13, 2020.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the complainant complete service for any party/
parties without a method of electronic service noted on the attached 
Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    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).

    By order of the Commission.

    Issued: November 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-25478 Filed 11-18-20; 8:45 am]
BILLING CODE 7020-02-P