[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26372-26373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09508]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1311]


Certain Centrifuge Utility Platform and Falling Film Evaporator 
Systems and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 29, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Apeks, LLC of 
Johnstown, Ohio. The complaint was supplemented by letter on April 14, 
2022. The complaint, as supplemented, alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain centrifuge utility platform and falling film evaporator systems 
and components thereof by reason of infringement of certain claims of 
U.S. Patent No. 10,814,338 (``the '338 patent''), U.S. Patent No. 
11,014,098 (``the '098 patent'') and U.S. Patent No. 10,899,728 (``the 
'728 patent''). The complaint, as supplemented, further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute. The complainant requests that the Commission institute 
an investigation and, after the investigation, issue a general 
exclusion order, or in the alternative a limited exclusion order, and 
cease and desist orders.

ADDRESSES: The complaint, and supplement, except for any confidential 
information contained therein, may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email [email protected]. Hearing impaired individuals 
are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 28, 2022, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 10, and 14 of the '338 patent; claims 1, 10, and 18 of the 
'098 patent; and claims 1, 9, and 19 of the '728 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or categories of accused products, 
which defines the scope of the investigation, are ``(a) centrifuge 
utility platforms which combine closed-loop, alcohol extraction with 
mechanical centrifugation capable of targeting specific plant 
compounds, isolating the desired separation, and (b) falling film 
evaporators which distill and process solutions comprising extracts of 
botanical compounds (e.g., cannabinoids) and solvent to separate out 
the botanical oils and recover the solvent for reuse'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:


[[Page 26373]]


Apeks, LLC, 31 Greenscape Court, Johnstown, Ohio 43031

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Ambiopharm Inc., 1024 Dittman Court, Beech Island, SC 29842
Calpha Industries Inc., 22732 Granite Way Suite A, Laguna Hills, CA 
92653
Comerg, LLC, 12620 N Cave Creek Rd, Phoenix, AZ 85022, USA
Ezhydro, 10255 Old Placerville Rd., Sacramento, CA 95827
Henan Lanphan Industry Co., Ltd., Room 801, Building B, CC Mall, 
Jianshe, Road, Zhongyuan District, Zhengzhou, Henan, Province, China, 
450000
HX Labs, LLC, 34004 Texas St. SW, Albany, OR 97321
Idea Makers, LLC, 722 S State St., Salt Lake City, UT 84111
Lab1st Scientific and Industrial Equipment, Inc., No. 248 Guanghua 
Road, MinHang District, Shanghai 201612, China
Miracle Education Distributors, Inc., 68366 Kieley Rd., Cathedral City, 
CA 92234, USA
Mountain Pure, LLC, 496 E 1750 N, Unit E, Vineyard, UT 84057, USA
Redford Management, 4625 Alger St., Los Angeles, CA 90039
Ri Hemp Farms, LLC, 39 Nooseneck Hill Rd., West Greenwich RI 02817
Shanghai Yuanhuai Industries Co. Ltd., No. 99 Shenbei Yi Rd., Songjiang 
District, Shanghai City, China, 201612
Toption Instrument Co., Ltd., 21501 Room HeCheng,TaiBai Road, YanTa 
District, Xi'an, Shaanxi Province, China, 710000
Zhangjiagang Chunk Trading Corp. d/b/a, Zhangjiagang Charme Trading 
Corp. Ltd., Wang Xi Lu, Gusu Qu, Suzhou Shi, Jiangsu Province, China, 
215000

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint, as supplemented, and the notice of 
investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint, as supplemented, 
and this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of an exclusion order or cease and desist order or both directed 
against the respondent.

    By order of the Commission.

    Issued: April 28, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-09508 Filed 5-3-22; 8:45 am]
BILLING CODE 7020-02-P