[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Page 16765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06207]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1286]


Certain Oil-Vaping Cartridges, Components Thereof, and Products 
Containing the Same; Commission Determination Not To Review an Initial 
Determination Granting in Part Complainant's Motion To Amend the 
Complaint and Notice of Investigation and To Terminate the 
Investigation With Respect to a Respondent

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 20) of the presiding administrative law judge 
(``ALJ''), granting in part complainant's motion to amend the complaint 
and notice of investigation and to terminate the investigation as to 
respondent BBTank USA, LLC (``BBTank'') based upon withdrawal of 
allegations in the complaint.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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: The Commission instituted this investigation 
on November 10, 2021, based on a complaint filed on behalf of Shenzhen 
Smoore Technology Limited (``Smoore'') of China. 86 FR 62567-69 (Nov. 
10, 2021). The complaint, as supplemented, alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain oil-
vaping cartridges, components thereof, and products containing the same 
by reason of infringement of certain claims of U.S. Patent Nos. 
10,357,623; 10,791,763; 10,791,762; and U.S. Registered Trademark No. 
5,633,060. Id. at 62567-68. The complaint further alleged that a 
domestic industry exists. Id. at 62568. The Commission's notice of 
investigation named numerous respondents including BBTank of 
Lambertville, Michigan; BoldCarts.com of Tempe, Arizona; Bold Crafts, 
Inc. of Irvine, California; Green Tank Technologies Corp. of Canada; 
Blinc Group Holdings, LLC of New York, New York; and BulkCarts.com of 
Canton, Michigan. Id. at 62568. The Office of Unfair Import 
Investigations (``OUII'') is also named as a party in this 
investigation. Id.
    On February 1, 2022, Smoore filed a motion for leave to amend the 
complaint and notice of investigation pursuant to Commission Rule 
210.14(b)(1), 19 CFR 210.14(b)(1). Specifically, Smoore's motion 
requests to: (1) Change the corporate entity name of Respondents 
BoldCarts.com and Bold Crafts, Inc., to Bold Crafts, LLC d/b/a Bold 
Carts and BoldCarts.com; (2) change the corporate entity name of 
Respondent Green Tank Technologies Corp. to Greentank Technologies 
Corp.; (3) change the corporate entity name of Blinc Group Holdings, 
LLC, to The Blinc Group Inc.; (4) change the corporate entity name of 
Respondent BulkCarts.com to Zachary R. Esquivel d/b/a ZRE Enterprises 
Inc. and ceramiccellcartridges.com; (5) substitute Respondent BBTank 
with proposed respondents DES Products Ltd. d/b/a O2VAPE and TCM 
Enterprises, LLC d/b/a O2VAPE; (6) terminate the investigation as to 
Respondent BBTank based on withdrawal of allegations in the complaint; 
(7) delete paragraph 148 of the complaint alleging trademark 
infringement by Respondent BBTank; (8) name additional proposed 
respondent AEG Holdings (HK) Ltd. n/k/a AVD Holdings Ltd.; and (9) 
replace Exhibit 36 to the complaint. See Order No. 20 at 1-2 (Feb. 23, 
2022). OUII, BBTank, and proposed respondents DES Products Ltd. and TCM 
Enterprises, LLC, filed responses to Smoore's motion. Id. at 2.
    On February 23, 2022, the ALJ issued the subject ID granting in 
part the motion. Id. at 11. The ID granted Smoore leave to amend the 
complaint and notice of investigation to: (1) Change the names of 
Respondents BoldCarts.com and Bold Crafts, Inc., to Bold Crafts, LLC d/
b/a Bold Carts and BoldCarts.com; (2) change the name of Respondent 
Green Tank Technologies Corp. to Greentank Technologies Corp.; (3) 
change the name of Blinc Group Holdings, LLC, to The Blinc Group Inc.; 
and (4) replace Exhibit 36 to the complaint. Id. at 3-4, 10. The ID 
also found that Smoore's request to terminate BBTank from the 
investigation complies with Commission Rule 210.21(a)(1), 19 CFR 
210.21(a)(1), and that no extraordinary circumstances warrant denying 
the request. Id. at 9-10. No petitions for review were filed.
    The Commission has determined not to review the subject ID. The 
complaint and notice of investigation are amended as indicated above, 
and Respondent BBTank is hereby terminated from the investigation.
    The Commission vote for this determination took place on March 18, 
2022.
    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: March 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06207 Filed 3-23-22; 8:45 am]
BILLING CODE 7020-02-P