Notice2022-09508
Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof; Institution of Investigation
Primary source
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Published
May 4, 2022
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
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[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26372-26373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#e3a6a7aab0d0ab868f93a396908a9780cd848c95"><span class="__cf_email__" data-cfemail="c287868b91f18aa7aeb282b7b1abb6a1eca5adb4">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
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
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