83 FR 64156 - Certain Electronic Nicotine Delivery Systems and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 239 (December 13, 2018)
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64156-64157 | |
| FR Document | 2018-26995 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Notices] [Pages 64156-64157] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26995] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Certain Electronic Nicotine Delivery Systems and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 3, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc. of San Francisco, California. A letter supplementing the complaint was filed on October 17, 2018. An amended complaint was filed on October 26, 2018. The amended complaint 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 electronic nicotine delivery systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,070,669 (``the '669 patent''); U.S. Patent No. 10,076,139 (``the '139 patent''); U.S. Patent No. 10,045,568 (``the '568 patent''); U.S. Patent No. 10,058,130 (``the '130 patent''); and U.S. Patent No. 10,104,915 (``the '915 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The amended complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) [[Page 64157]] 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. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.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 (2018). Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on December 6, 2018, 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, 2, 4, 5, 7, 8, 10, 12, 13, 16, 17, 20, and 21 of the '669 patent; claims 1-4, 9-11, 13, 14, 19-21, 24, 28, and 29 of the '139 patent; claims 1-3, 5-9, 12, and 17-20 of the '568 patent; claims 1, 2, 4-6, 8-10, 16, 19, 21, and 27 of the '130 patent; and claims 1-4, 6, 9, 11, 12, 18-23, and 27 of the '915 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 category of accused products, which defines the scope of the investigation, is ``nicotine vaporizer devices and the associated pods sold for use with the devices, and components thereof''; (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (4) 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 complainants are: Juul Labs, Inc., 560 20th Street, San Francisco, CA 94107. (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: J Well France S.A.S., 50 rue de Miromesnil, 75008 Paris, France Bo Vaping, 591 Stewart Avenue, Garden City, NY 11530 MMS Distribution LLC, 195 Lake Louise Marie Road, Rock Hill, NY 12775 The Electric Tobacconist, LLC, 3235 Prairie Avenue, Boulder, CO 80301 Vapor 4 Life Holdings, Inc., 4080 Commercial Avenue, Suite A, Northbrook, IL 60062 Eonsmoke, LLC, 1500 Main Ave, 2nd Floor, Clifton, NJ 07011 ZLab S.A., Ave. Golero, 911 Office 27, Punta del Este--Maldonado-- Uruguay 20100 Ziip Lab Co., Limited, E district 4F, 5 building, Wen Ge Industrial Zone, Heshuikou Gongming St., Guangming New District, Shenzhen City, Guangdong Province, China 518106 Shenzhen Yibo Technology Co., Ltd., E district 4F, 5 building, Wen Ge Industrial Zone, Heshuikou, Gongming St., Guangming New District, Shenzhen City, Guangdong Province, China 518106 XFire, Inc., 820 Summer Park Dr., Suite 700, Stafford, TX 77477 ALD Group Limited, No. 2, 3rd Industrial Road, Shixin Community, Shiyan Street, Bao'an District, Shenzhen City, Guangdong Province, China 518108 Flair Vapor LLC, 2500 Hamilton Blvd., Suite B, South Plainfield, NJ 07080 Shenzhen Joecig Technology Co., Ltd., 1F-5F, Building 17, Quarter G ShaJing Rd., Gonghe 3rd Industry District, Baoan District, Shenzhen City, Guangdong Province, China 518104 Myle Vape Inc., 8085 Chevy Chase Street, Jamaica, NY 11432 Vapor Hub International, Inc., 1871 Tapo Street, Simi Valley, CA 93063 Limitless Mod Co., 4590 Ish Drive, Suite 100, Simi Valley, CA 93063 Asher Dynamics, Inc., 14345 Pipeline Avenue, Chino, CA 91710 Ply Rock, 14345 Pipeline Avenue, Chino, CA 91710 Infinite-N Technology Limited, 4F, iTone Digital Park, Xin Fa San Road, Sha Jing Shenzhen City, Guangdong Province, China 518200 King Distribution LLC, 281 Route 46 West, Elmwood Park, NJ 07407 Keep Vapor Electronic Tech. Co., Ltd., Block D, XinLong Techno Park, ShaJing Town, Bao An District, Shenzhen, China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) 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), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint 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 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 a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 10, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-26995 Filed 12-12-18; 8:45 am] BILLING CODE 7020-02-P
![64156 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices
orders during the period of Rules of Practice and Procedure (19 CFR and of 201.10 and 210.8(c) of the
investigation. Complainants also 210.8(c)(2)). Commission’s Rules of Practice and
requests issuance of a general exclusion Persons filing written submissions Procedure (19 CFR 201.10, 210.8(c)).
order or in the alternative a limited must file the original document By order of the Commission.
exclusion order, and cease and desist electronically on or before the deadlines
Issued: December 10, 2018.
orders. stated above and submit 8 true paper
Lisa Barton,
Proposed respondents, other copies to the Office of the Secretary by
noon the next day pursuant to § 210.4(f) Secretary to the Commission.
interested parties, and members of the
of the Commission’s Rules of Practice [FR Doc. 2018–26994 Filed 12–12–18; 8:45 am]
public are invited to file comments, not
to exceed five (5) pages in length, and Procedure (19 CFR 210.4(f)). BILLING CODE 7020–02–P
inclusive of attachments, on any public Submissions should refer to the docket
interest issues raised by the complaint number (‘‘Docket No. 3356) in a
prominent place on the cover page and/ INTERNATIONAL TRADE
or § 210.8(b) filing. Comments should
or the first page. (See Handbook for COMMISSION
address whether issuance of the relief
specifically requested by the Electronic Filing Procedures, Electronic
Certain Electronic Nicotine Delivery
complainant in this investigation would Filing Procedures 1). Persons with
Systems and Components Thereof;
affect the public health and welfare in questions regarding filing should
Institution of Investigation
the United States, competitive contact the Secretary (202–205–2000).
conditions in the United States Any person desiring to submit a AGENCY: U.S. International Trade
economy, the production of like or document to the Commission in Commission.
directly competitive articles in the confidence must request confidential ACTION: Notice.
United States, or United States treatment. All such requests should be
directed to the Secretary to the SUMMARY: Notice is hereby given that a
consumers.
Commission and must include a full complaint was filed with the U.S.
In particular, the Commission is International Trade Commission on
interested in comments that: statement of the reasons why the
Commission should grant such October 3, 2018, under section 337 of
(i) Explain how the articles the Tariff Act of 1930, as amended, on
treatment. See 19 CFR 201.6. Documents
potentially subject to the requested behalf of Juul Labs, Inc. of San
for which confidential treatment by the
remedial orders are used in the United Francisco, California. A letter
Commission is properly sought will be
States; supplementing the complaint was filed
treated accordingly. All such requests
(ii) identify any public health, safety, should be directed to the Secretary to on October 17, 2018. An amended
or welfare concerns in the United States the Commission and must include a full complaint was filed on October 26,
relating to the requested remedial statement of the reasons why the 2018. The amended complaint alleges
orders; Commission should grant such violations of section 337 based upon the
(iii) identify like or directly treatment. See 19 CFR 201.6. Documents importation into the United States, the
competitive articles that complainant, for which confidential treatment by the sale for importation, and the sale within
its licensees, or third parties make in the Commission is properly sought will be the United States after importation of
United States which could replace the treated accordingly. All information, certain electronic nicotine delivery
subject articles if they were to be including confidential business systems and components thereof by
excluded; information and documents for which reason of infringement of certain claims
(iv) indicate whether complainant, confidential treatment is properly of U.S. Patent No. 10,070,669 (‘‘the ’669
complainant’s licensees, and/or third sought, submitted to the Commission for patent’’); U.S. Patent No. 10,076,139
party suppliers have the capacity to purposes of this Investigation may be (‘‘the ’139 patent’’); U.S. Patent No.
replace the volume of articles disclosed to and used: (i) By the 10,045,568 (‘‘the ’568 patent’’); U.S.
potentially subject to the requested Commission, its employees and Offices, Patent No. 10,058,130 (‘‘the ’130
exclusion order and/or a cease and and contract personnel (a) for patent’’); and U.S. Patent No. 10,104,915
desist order within a commercially developing or maintaining the records (‘‘the ’915 patent’’). The amended
reasonable time; and of this or a related proceeding, or (b) in complaint further alleges that an
(v) explain how the requested internal investigations, audits, reviews, industry in the United States exists as
remedial orders would impact United and evaluations relating to the required by the applicable Federal
States consumers. programs, personnel, and operations of Statute.
Written submissions on the public the Commission including under 5 The complainants requests that the
interest must be filed no later than by U.S.C. Appendix 3; or (ii) by U.S. Commission institute an investigation
close of business, eight calendar days government employees and contract and, after the investigation, issue a
after the date of publication of this personnel,2 solely for cybersecurity limited exclusion order and cease and
notice in the Federal Register. There purposes. All nonconfidential written desist orders.
will be further opportunities for submissions will be available for public ADDRESSES: The amended complaint,
comment on the public interest after the inspection at the Office of the Secretary except for any confidential information
issuance of any final initial and on EDIS.3 contained therein, is available for
determination in this investigation. Any This action is taken under the inspection during official business
written submissions on other issues authority of section 337 of the Tariff Act hours (8:45 a.m. to 5:15 p.m.) in the
should be filed no later than by close of of 1930, as amended (19 U.S.C. 1337), Office of the Secretary, U.S.
amozie on DSK3GDR082PROD with NOTICES1
business nine calendar days after the International Trade Commission, 500 E
date of publication of this notice in the 1 Handbook for Electronic Filing Procedures: Street SW, Room 112, Washington, DC
Federal Register. Complainant may file https://www.usitc.gov/documents/handbook_on_ 20436, telephone (202) 205–2000.
filing_procedures.pdf.
a reply to any written submission no 2 All contract personnel will sign appropriate
Hearing impaired individuals are
later than the date on which nondisclosure agreements. advised that information on this matter
complainant’s reply would be due 3 Electronic Document Information System can be obtained by contacting the
under § 210.8(c)(2) of the Commission’s (EDIS): https://edis.usitc.gov.3. Commission’s TDD terminal on (202)
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![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices 64157
205–1810. Persons with mobility appropriate, and provide the Infinite-N Technology Limited, 4F,
impairments who will need special Commission with findings of fact and a iTone Digital Park, Xin Fa San Road,
assistance in gaining access to the recommended determination on this Sha Jing Shenzhen City, Guangdong
Commission should contact the Office issue, which shall be limited to the Province, China 518200
of the Secretary at (202) 205–2000. statutory public interest factors set forth King Distribution LLC, 281 Route 46
General information concerning the in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); West, Elmwood Park, NJ 07407
Commission may also be obtained by (4) For the purpose of the Keep Vapor Electronic Tech. Co., Ltd.,
accessing its internet server at https:// investigation so instituted, the following Block D, XinLong Techno Park,
www.usitc.gov. The public record for are hereby named as parties upon which ShaJing Town, Bao An District,
this investigation may be viewed on the this notice of investigation shall be Shenzhen, China
Commission’s electronic docket (EDIS) served: (c) The Office of Unfair Import
at https://edis.usitc.gov. (a) The complainants are: Juul Labs, Investigations, U.S. International Trade
FOR FURTHER INFORMATION CONTACT: Inc., 560 20th Street, San Francisco, CA Commission, 500 E Street SW, Suite
Pathenia M. Proctor, The Office of 94107. 401, Washington, DC 20436; and
Unfair Import Investigations, U.S. (b) The respondents are the following (5) For the investigation so instituted,
International Trade Commission, entities alleged to be in violation of the Chief Administrative Law Judge,
telephone (202) 205–2560. section 337, and are the parties upon U.S. International Trade Commission,
which the complaint is to be served: shall designate the presiding
SUPPLEMENTARY INFORMATION:
J Well France S.A.S., 50 rue de Administrative Law Judge.
Authority: The authority for Responses to the complaint and the
institution of this investigation is Miromesnil, 75008 Paris, France
Bo Vaping, 591 Stewart Avenue, Garden notice of investigation must be
contained in section 337 of the Tariff submitted by the named respondents in
Act of 1930, as amended, 19 U.S.C. City, NY 11530
MMS Distribution LLC, 195 Lake Louise accordance with section 210.13 of the
1337, and in section 210.10 of the Commission’s Rules of Practice and
Commission’s Rules of Practice and Marie Road, Rock Hill, NY 12775
The Electric Tobacconist, LLC, 3235 Procedure, 19 CFR 210.13. Pursuant to
Procedure, 19 CFR 210.10 (2018). 19 CFR 201.16(e) and 210.13(a), such
Scope of Investigation: Having Prairie Avenue, Boulder, CO 80301
Vapor 4 Life Holdings, Inc., 4080 responses will be considered by the
considered the amended complaint, the Commission if received not later than 20
Commercial Avenue, Suite A,
U.S. International Trade Commission, days after the date of service by the
Northbrook, IL 60062
on December 6, 2018, ordered that— Commission of the complaint and the
Eonsmoke, LLC, 1500 Main Ave, 2nd
(1) Pursuant to subsection (b) of notice of investigation. Extensions of
Floor, Clifton, NJ 07011
section 337 of the Tariff Act of 1930, as ZLab S.A., Ave. Golero, 911 Office 27, time for submitting responses to the
amended, an investigation be instituted Punta del Este—Maldonado— complaint and the notice of
to determine whether there is a Uruguay 20100 investigation will not be granted unless
violation of subsection (a)(1)(B) of Ziip Lab Co., Limited, E district 4F, 5 good cause therefor is shown.
section 337 in the importation into the building, Wen Ge Industrial Zone, Failure of a respondent to file a timely
United States, the sale for importation, Heshuikou Gongming St., Guangming response to each allegation in the
or the sale within the United States after New District, Shenzhen City, complaint and in this notice may be
importation of certain products Guangdong Province, China 518106 deemed to constitute a waiver of the
identified in paragraph (2) by reason of Shenzhen Yibo Technology Co., Ltd., E right to appear and contest the
infringement of one or more of claims 1, district 4F, 5 building, Wen Ge allegations of the complaint and this
2, 4, 5, 7, 8, 10, 12, 13, 16, 17, 20, and Industrial Zone, Heshuikou, notice, and to authorize the
21 of the ’669 patent; claims 1–4, 9–11, Gongming St., Guangming New administrative law judge and the
13, 14, 19–21, 24, 28, and 29 of the ’139 District, Shenzhen City, Guangdong Commission, without further notice to
patent; claims 1–3, 5–9, 12, and 17–20 Province, China 518106 the respondent, to find the facts to be as
of the ’568 patent; claims 1, 2, 4–6, 8– XFire, Inc., 820 Summer Park Dr., Suite alleged in the complaint and this notice
10, 16, 19, 21, and 27 of the ’130 patent; 700, Stafford, TX 77477 and to enter an initial determination
and claims 1–4, 6, 9, 11, 12, 18–23, and ALD Group Limited, No. 2, 3rd and a final determination containing
27 of the ’915 patent; and whether an Industrial Road, Shixin Community, such findings, and may result in the
industry in the United States exists as Shiyan Street, Bao’an District, issuance of an exclusion order or a cease
required by subsection (a)(2) of section Shenzhen City, Guangdong Province, and desist order or both directed against
337; China 518108 the respondent.
(2) Pursuant to section 210.10(b)(1) of Flair Vapor LLC, 2500 Hamilton Blvd., By order of the Commission.
the Commission’s Rules of Practice and Suite B, South Plainfield, NJ 07080 Issued: December 10, 2018.
Procedure, 19 CFR 210.10(b)(1), the Shenzhen Joecig Technology Co., Ltd.,
plain language description of the Lisa Barton,
1F–5F, Building 17, Quarter G ShaJing
accused products or category of accused Secretary to the Commission.
Rd., Gonghe 3rd Industry District,
products, which defines the scope of the [FR Doc. 2018–26995 Filed 12–12–18; 8:45 am]
Baoan District, Shenzhen City,
investigation, is ‘‘nicotine vaporizer Guangdong Province, China 518104 BILLING CODE 7020–02–P
devices and the associated pods sold for Myle Vape Inc., 8085 Chevy Chase
use with the devices, and components Street, Jamaica, NY 11432
thereof’’; Vapor Hub International, Inc., 1871 INTERNATIONAL TRADE
amozie on DSK3GDR082PROD with NOTICES1
(3) Pursuant to Commission Rule Tapo Street, Simi Valley, CA 93063 COMMISSION
210.50(b)(1), 19 CFR 210.50(b)(1), the Limitless Mod Co., 4590 Ish Drive, Suite Notice of Appointment of Individuals
presiding administrative law judge shall 100, Simi Valley, CA 93063 To Serve as Members of the
take evidence or other information and Asher Dynamics, Inc., 14345 Pipeline Performance Review Board
hear arguments from the parties or other Avenue, Chino, CA 91710
interested persons with respect to the Ply Rock, 14345 Pipeline Avenue, AGENCY: United States International
public interest in this investigation, as Chino, CA 91710 Trade Commission.
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Document Created: 2018-12-13 01:16:23
Document Modified: 2018-12-13 01:16:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 64156 |
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