Notice2026-00524
Certain Disposable Vaporizer Devices; Notice of a Commission Determination To Review in Part the Final Initial Determination and To Request Written Submissions on the Issues Under Review and Remedy, Bond, and the Public Interest
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Published
January 14, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's ("ALJ") final initial determination ("FID") and to solicit briefing on the issues under review, as well as remedy, bonding, and the public interest.
Full Text
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<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
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[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Notices]
[Pages 1555-1557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00524]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1410]
Certain Disposable Vaporizer Devices; Notice of a Commission
Determination To Review in Part the Final Initial Determination and To
Request Written Submissions on the Issues Under Review and Remedy,
Bond, and the Public Interest
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 to review in part the presiding
administrative law judge's (``ALJ'') final initial determination
(``FID'') and to solicit briefing on the issues under review, as well
as remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2382. 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#1e5b5a574d2d567b726e5e6b6d776a7d30797168"><span class="__cf_email__" data-cfemail="cd8889849efe85a8a1bd8db8bea4b9aee3aaa2bb">[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 July 22, 2024, based on a complaint filed on behalf of RAI Strategic
Holdings, Inc.; R.J. Reynolds Vapor Company; R.J. Reynolds Tobacco
Company; and RAI Services Company (collectively, ``Reynolds'' or
``Complainant''), all of Winston-Salem, North Carolina. 89 FR 59158-60
(Jul. 22, 2024). The complaint, as supplemented, alleges that the
respondents violated section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, by importing into the United States, selling for
importation, or selling in the United States after importation certain
disposable vaporizer devices that infringe one or more of the asserted
claims of U.S. Patent No. 11,925,202 (``the 202 patent''). Id. at
59,159. The complaint further alleges that a domestic industry exists
in the United States.
The Commission's notice of investigation names thirty-five (35)
respondents, of which eighteen (18) respondents participated in this
investigation. They are Breeze Smoke, LLC of West Bloomfield, Michigan;
Dongguan (Shenzhen) Shikai Technology Co., Ltd. of Shenzhen, China;
Guangdong Qisitech Co., Ltd. of Dongguan, China; Fewo Intelligent
Manufacturing Ltd. of Dongguan,City, China; Guangdong Cellular Workshop
Electronics Technology Co., Ltd. of Dongguan,City, China; Zhuhai
Qisitech Co., Ltd. of Zhuhai, China; Shenzhen Han Technology Co., Ltd.
of Shenzhen, China; Shenzhen IVPS Technology Co., Ltd. of Shenzhen,
China; Maduro Distributors d/b/a The Loon of Minneapolis, Minnesota;
Shenzhen Yanyang Technology Co., Ltd. of Shenzhen, China; Pastel
Cartel, LLC of Austin, Texas; American Vape Company, LLC of
Pflugerville, Texas; Affiliated Imports, LLC of Austin, Texas; Shenzhen
Kangvape Technology Co., Ltd. of Shenzhen, China; Shenzhen Pingray
Technology Co., Ltd. of Shenzhen, China; SV3, LLC d/b/a Mi-One Brands
of Phoenix, Arizona; Price Point Distributors Inc. d/b/a Price Point NY
of Farmingdale, New York; and TheSy, LLC d/b/a Element Vape of
Alhambra, California (collectively, ``Respondents''). Id. at 59, 159-
160. The Office of Unfair Import Investigations (``OUII'') is also
named as a party. Id. at 59, 160.
Fifteen (15) respondents were subsequently found in default:
Vapeonly Technology Co. Ltd. of Hong Kong; iMiracle (Shenzhen)
Technology Co., Ltd. of Shenzhen, China; Nevera (HK) Ltd. of Hong Kong;
Wonder Ladies Ltd. of British Virgin Islands; Sailing South Ltd. of
British Virgin Islands; Marea Morada Ltd. of British Virgin Islands;
Social Brands, LLC of Dallas, Texas; Palma Terra Ltd. of British Virgin
Islands; Heaven Gifts International Ltd. of Hong Kong; Shenzhen LC
Technology Co., Ltd. of Shenzhen, China; LCF Labs, Inc. of Ontario,
California; Flumgio Technology Ltd. of Hong Kong; Flawless Vape Shop
Inc. of Anaheim, California; Flawless Vape Wholesale & Distribution
Inc. of Anaheim, California; and VICA Trading Inc. d/b/a Vapesourcing
of Tustin, California (collectively, ``Defaulting Respondents''). See
Order No. 17 (Sept. 16, 2024), unreviewed by Comm'n Notice (Oct. 8,
2024).
Two (2) respondents--Kimsun Technology (HuiZhou) Co., Ltd. of
Shenzhen, China; and Bidi Vapor, LLC of Orlando, Florida--were
terminated from the investigation based on consent orders. Order No. 10
(Aug. 28, 2024), unreviewed by Comm'n Notice (Sept. 23, 2024); Order
No. 26 (Nov. 5, 2024), unreviewed by Comm'n Notice (Dec. 5, 2024).
On June 11, 2024, the same date it filed its complaint, Reynolds
filed a motion for a temporary exclusion order (``TEO''). Respondents
filed a joint memorandum in opposition to Reynolds's motion for a TEO
on August 12, 2024. The presiding ALJ held an evidentiary hearing on
September 26 and 27, and October 8, 2024. On November 19, 2024, the ALJ
issued an ID denying Reynolds's motion for a TEO, which the Commission
determined not to review. Order No. 28 (Nov. 19. 2024), unreviewed by
Comm'n Notice (Dec. 18, 2024).
On May 1, 2025, the Commission partially terminated the
investigation with respect to claims 3, 8, 10, 13, 17-27, and 29-30 of
the '202 patent due to voluntary withdrawal of the claims. Order No. 44
(Apr. 7, 2025), unreviewed by Comm'n Notice (May 1, 2025).
The presiding ALJ held an evidentiary hearing from April 7-11,
2025, with an additional day of testimony on domestic industry on June
11, 2025. FID at 4. By that time, Reynolds was asserting claims 1, 4,
9, 11-12, and 15 of the '202 patent for purposes of infringement, and
claims 1, 2, 4-5, 7, 9, and 14-16 for domestic industry. Id. at 5.
On August 29, 2025, the ALJ issued the present FID, which finds
that Respondents violated section 337 by way of infringing claims 4 and
12 of the '202 patent, and that neither claim is invalid as anticipated
or obvious. Id. at 144, 152, 189-90. The FID finds that Respondents
also infringed claims 1, 11, and 15, but those claims are invalid as
anticipated. Id. The FID also finds that Reynolds satisfied both the
technical and economic prongs of the domestic industry requirement. Id.
at 98, 117, 121, 182.
On September 12, 2025, the presiding ALJ issued a Recommended
Determination on Remedy, Bonding, and Public Interest (``RD''). The RD
recommends that, in the event a violation is found, the Commission
should issue a general exclusion order (``GEO'') as to claims 4 and 12
of the '202 patent. RD at 3, 26. Should the Commission determine not to
issue a GEO, the RD recommends that the Commission issue a limited
exclusion order covering infringing articles imported by or on behalf
of each respondent found to have violated section 337. Id. at 30. The
RD also recommends that the Commission issue cease and desist orders
against certain respondents and set a bond of 136% of the entered value
of infringing articles imported during the period of
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Presidential review. Id. at 3, 40, 44. Finally, the RD recommends
finding that the public interest factors do not preclude issuance of a
remedy. Id.
On September 15, 2025, the Commission issued a notice requesting
submissions on public interest issues raised by the recommended relief,
should the Commission find a violation. 90 FR 45056 (Sept. 18, 2025).
The Commission issued a second notice on November 18, 2025, and
extended the deadline for responses because the original deadline
expired during the shutdown of the Federal Government. 90 FR 52700
(Nov. 21, 2025). On December 1, 2025, NJOY, LLC, Altria Group
Distribution Company, and Altria Client Service LLC (collectively,
``NJOY'') filed a public interest statement, stating they were not
named as a respondent and their products have been recognized to be
non-infringing, so any GEO that may issue should include a carve-out
for NJOY's products.
On September 15, 2025, Respondents filed a petition for review of
the FID's findings, including the ALJ's construction of ``smoking
article,'' its findings that Respondents infringed claim 4 and 12,
literally and by equivalence, and its findings that claims 4 and 12
were not anticipated or obvious over the prior art.
On September 23, 2025, Reynolds and OUII filed their respective
responses to Respondents' petition for review. Neither Reynolds nor
OUII filed a petition for review of their own. Thus, any objections to
the FID's findings that claims 1, 9, 11, and 15 of the '202 patent are
invalid have been waived, per Commission Rule 210.43(b)(2), 19 CFR
210.43(b)(2). As a result, only claims 4 and 12 (and claim 1, on which
they depend) remain at issue.
Upon review of the FID, the petition for review and responses
thereto, and the evidence of record, the Commission has determined to
review the FID in part, specifically its findings that claims 4 and 12
are not invalid as anticipated or obvious over the asserted prior art
and its findings that the domestic industry requirement has been
satisfied. The Commission has determined not to review, and thereby
adopts, the FID's findings on claim construction, including ``smoking
article'' and ``the aerosol that is produced'' (claim 4). The
Commission notes that the parties have waived broader constructions
that do not limit the invention to devices that use tobacco or tobacco
components.
The parties are asked to provide additional briefing on the
following issues under review:
(1) Explain whether, at the time of the invention, it would have
been obvious to a person skilled in the art to use a porous material
capable of wicking liquid toward the heater element in view of Kim
(U.S. Patent App. Pub. No. 2006/0016453) with Pienemann (International
Patent Publication WO 00/28843). Explain whether it would have been
obvious to use a porous chip that permits ``the aerosol that is
produced'' (using the FID's interpretation of that term) to pass at
least partially though that chip, as recited in claim 4 of the '202
patent.
(2) Explain whether, at the time of the invention, it would have
been obvious to a person skilled in the art to design a central channel
with a heater coil or other heater element that permits airflow
therethrough, as recited in claim 12 of the '202 patent, in view of Kim
with Pienemann.
The parties are requested to brief only the discrete issues
identified above, with reference and citations to the applicable law,
the evidentiary record, and the parties' previous briefings. The
parties are not to brief any other issues on review, which have already
been adequately presented in the parties' previous filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of: (1) a limited or general exclusion
order that could result in the exclusion of the subject articles from
entry into the United States, and/or (2) cease-and-desist orders that
could result in the respondents being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No.
2843, Comm'n Op. at 7-10 (December 1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or cease-and-desist order would have on: (1) the public health and
welfare; (2) competitive conditions in the U.S. economy; (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation; and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's action. See
Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to this investigation are requested to
file written submissions on the issues identified above in this notice.
In addition, the parties, interested government agencies, and any other
interested parties are requested to file written submissions on the
issues of remedy, the public interest, and bonding. Such initial
submissions should include views on the recommended determination by
the ALJ on remedy and bonding. Explain whether your views on public
interest or bonding would differ if the redesigned products (or
redesigned components of a product) put forward by Respondents were
excluded from any remedy.
In its initial submission, Complainant is requested to identify the
remedy sought and to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to provide
the HTSUS subheadings under which the accused products are imported.
Complainant is further requested to supply the names of known importers
of the Respondents' products at issue in this investigation.
Complainant is also requested to identify and explain, from the record,
articles that it contends are ``components of'' the subject products,
and thus potentially covered by the proposed remedial orders, if
imported separately from the subject products. See 85 FR at 31211.
Failure to provide this information may result in waiver of any remedy
directed to ``components of'' the subject products, in the event any
violation may be found.
The parties' written submissions and proposed remedial orders must
be filed no later than the close of business on January 23, 2026. Reply
submissions
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must be filed no later than the close of business on January 30, 2026.
Opening submissions are limited to 40 pages. Reply submissions are
limited to 30 pages. All submission from third parties and/or
interested government agencies are limited to 10 pages. No further
submissions on any of these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1410'') in a prominent place on
the cover page and/or first page. (See Handbook for Electronic Filing
Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>.). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All non-confidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
The Commission vote for this determination took place on January 9,
2026.
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: January 6, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-00524 Filed 1-13-26; 8:45 am]
BILLING CODE 7020-02-P
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