Notice2022-06207
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
Primary source
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Published
March 24, 2022
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 57 (Thursday, March 24, 2022)</title>
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[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Page 16765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#185d5c514b2b507d7468586d6b716c7b367f776e"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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; <a href="http://BoldCarts.com">BoldCarts.com</a> 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 <a href="http://BulkCarts.com">BulkCarts.com</a> 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
<a href="http://BoldCarts.com">BoldCarts.com</a> and Bold Crafts, Inc., to Bold Crafts, LLC d/b/a Bold
Carts and <a href="http://BoldCarts.com">BoldCarts.com</a>; (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 <a href="http://BulkCarts.com">BulkCarts.com</a> to Zachary R. Esquivel d/b/a ZRE Enterprises
Inc. and <a href="http://ceramiccellcartridges.com">ceramiccellcartridges.com</a>; (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 <a href="http://BoldCarts.com">BoldCarts.com</a> and Bold Crafts, Inc., to Bold Crafts, LLC d/
b/a Bold Carts and <a href="http://BoldCarts.com">BoldCarts.com</a>; (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
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