9380 Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 

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 nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and Part 210 of the Commission’s Rules 

of Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: February 15, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–03557 Filed 2–17–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1211] 

Certain Vaporizer Cartridges and 

Components Thereof; Issuance of a 

General Exclusion Order and Cease 

and Desist Orders; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to affirm a 

summary determination of violation of 

section 337 with respect to certain 

respondents found in default. The 

Commission and has further determined 

to issue a general exclusion order 

(‘‘GEO’’) denying entry of certain 

infringing vaporizer cartridges and 

components thereof as well as cease and 

desist orders (‘‘CDOs’’) against certain of 

the defaulting respondents. This 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Ronald A. Traud, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3427. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

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: On August 

14, 2020, the Commission instituted this 

investigation based on a complaint, as 

supplemented, filed on behalf of Juul 

Labs, Inc. (‘‘JLI’’) of San Francisco, 

California. 85 FR 49679–80 (Aug. 14, 

2020). The complaint, as supplemented, 

alleges violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘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 vaporizer 

cartridges and components thereof by 

reason of infringement of the sole claims 

of U.S. Design Patent Nos. D842,536; 

D858,870; D858,869; and D858,868 

(collectively, the ‘‘Asserted Patents’’), 

respectively. Id. The complaint further 

alleges that a domestic industry exists. 

Id. 

The Commission’s notice of 

investigation, as amended, names fortynine respondents (grouped by defaulting 

and non-defaulting respondents): 

—(1) 101 Smoke Shop, Inc. (‘‘101 Smoke 

Shop’’); (2) Eon Pods LLC (‘‘Eon Pods’’); (3) 

Jem Pods, U.S.A. (‘‘Jem Pods’’); (4) Sky 

Distribution LLC (‘‘Sky Distribution’’); (5) 

Vapers & Papers, LLC (‘‘Vapers & Papers’’); 

(6) Access Vapor LLC D/B/A Cali Pods 

(‘‘Access Vapor’’) (Access Vapor LLC and 

Cali Pods were originally identified as two 

distinct respondents. See 85 FR 49679–80 

(notice of investigation). Cali Pods, 

however, is a business alias of Access 

Vapor. See Order No. 65 at 2, n.1); (7) 

eLiquid Stop; (8) Shenzhen Apoc 

Technology Co., Ltd. (‘‘Shenzhen Apoc’’); 

(9) Shenzhen Ocity Times Technology Co., 

Ltd. (‘‘Shenzhen Ocity’’); (10) Evergreen 

Smokeshop; (11) Shenzhen Azure Tech 

USA LLC F/K/A DS Vaping P.R.C. 

(‘‘Shenzhen Azure’’); (12) DripTip Vapes 

LLC (‘‘DripTip Vapes’’); (13) Modern Age 

Tobacco; (14) Dongguan Hengtai 

Biotechnology Co., Ltd. D/B/A Mr. Fog 

(‘‘Mr. Fog’’); (15) Shenzhen Yark 

Technology Co., Ltd. (‘‘Shenzhen Yark’’); 

(16) Guangdong Cellular Workshop 

Electronic Technology Co., Ltd. 

(‘‘Guangdong Cellular’’); (17) Shenzhen 

Bauway Technology Ltd. (‘‘Shenzhen 

Bauway’’); (18) Shango Distribution LLC D/ 

B/A Puff E-Cig (‘‘Puff E-Cig’’) (the first 18 

respondents are collectively referred to 

herein as the ‘‘Defaulting Respondents.’’); 

—(19) Vapeonline LLC D/B/A 2nd Wife Vape 

(‘‘2nd Wife Vape’’); (20) All Puff Store; (21) 

Alternative Pods; (22) Ana Equity LLC 

(‘‘Ana Equity’’); (23) Aqua Haze LLC 

(‘‘Aqua Haze’’); (24) Cali Pods; (25) Canal 

Smoke Express, Inc. (‘‘Canal Smoke’’); (26) 

Tobacco Club & Gifts, Inc., D/B/A 

CaryTown Tobacco (‘‘CaryTown 

Tobacco’’); (27) Cigar Road, Inc. (‘‘Cigar 

Road’’); (28) Cloud 99 Vapes; (29) eCigCity; (30) VR Products I LLC D/B/A 

eJuiceDB (‘‘eJuiceDB’’); (31) Texas E. 

Cigarette D/B/A EZFumes (‘‘EZFumes’’); 

(32) JC Pods; (33) JUULSite Inc. 

(‘‘JUULSite’’); (34) Keep Vapor Electronic 

Tech. Co., Ltd. (‘‘Keep Vapor’’); (35) 

Limitless Accessories, Inc. (‘‘Limitless 

Accessories’’); (36) Midwest Goods, Inc. 

(‘‘Midwest Goods’’); (37) OMID Holdings, 

Inc. D/B/A Naturally Peaked Health Co. 

(‘‘Naturally Peaked Health’’); (38) Nilkant 

167 Inc. (‘‘Nilkant’’); (39) Perfect Vape LLC 

(‘‘Perfect Vape’’); (40) Price Point 

Distributors Inc. D/B/A Price Point NY 

(‘‘Price Point NY’’); (41) Bansidhar Inc. D/ 

B/A Smoker’s Express (‘‘Smoker’s 

Express’’); (42) The Kind Group LLC 

(‘‘Kind Group’’); (43) Three Mini Calvins, 

LLC D/B/A Tobacco Alley of Midland 

(‘‘Tobacco Alley’’); (44) Valgous; (45) Vape 

Central Group; (46) Cork & Twist, Inc. D/ 

B/A Vape ‘n Glass (‘‘Vape ‘n Glass’’); (47) 

Vaperistas; (48) WeVapeUSA; and (49) 

Wireless N Vapor Citi LLC (‘‘Wireless N 

Vapor Citi’’). Id.; see also Order No. 22 

(Oct. 21, 2020) (granting motion to amend 

the complaint and notice of investigation 

to correct the legal names of Respondents 

2nd Wife Vape, CaryTown Tobacco, 

eJuiceDB, EZFumes, Price Point NY, 

Smoker’s Express, Tobacco Alley, Vape ‘n 

Glass, Naturally Peaked Health, and Puff ECig and ‘‘the name and address for 

Respondent Mr. Fog.’’), unreviewed by 

Notice, 85 FR 73748–49 (Nov. 19, 2020). 

The Office of Unfair Import 

Investigations (‘‘OUII’’) is also a party to 

the investigation. 85 FR at 49679. 

After institution of this investigation, 

JLI amended the Complaint and notice 

of investigation to, inter alia: (1) Include 

‘‘the true legal names for each of 

Respondents 2nd Wife Vape, CaryTown 

Tobacco, eJuiceDB, EZFumes, Price 

Point NY, Smoker’s Express, Tobacco 

Alley, Vape ‘n Glass, Naturally Peaked 

Health, and Puff E-Cig’’; (2) clarify that 

originally-named respondents Limitless 

Accessories and Valgous are a single 

legal entity; (3) correct ‘‘the name and 

address for Respondent Mr. Fog’’; and 

(4) correct ‘‘the addresses for 

Respondents Shenzhen Azure Tech 

USA LLC f/k/a DS Vaping P.R.C. and 

Shenzhen Yark Technology Co., Ltd.’’ 

Order No. 22 (Oct. 21, 2020), 

unreviewed by Notice, 85 FR 73748–49 

(Nov. 19, 2020). 

The Commission previously 

terminated the investigation as to 29 

respondents pursuant to Commission 

Rule 210.21(c) (19 CFR 210.21(c)) based 

on consent orders, and one respondent 

pursuant to Commission Rule 210.21(a) 

(19 CFR 210.21(a)) due to JLI’s failure to 

serve that entity with the Complaint and 

Notice of Investigation. Order No. 23 

(Oct. 29, 2020) (terminating and issuing 


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Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 9381 

consent order to Midwest Goods), 

unreviewed by Notice (Nov. 18, 2020); 

Order Nos. 26–29 (Dec. 8, 2020) 

(terminating and issuing consent orders 

to Vape ’N Glass, Vaperistas, Aqua 

Haze, and 2nd Wife Vape), unreviewed 

by Notice (Dec. 22, 2020); Order Nos. 30 

& 31 (Dec. 10, 2020) (terminating and 

issuing consent orders to EZFumes and 

eJuiceDB), unreviewed by Notice (Jan. 4, 

2021); Order No. 32 (Dec. 14, 2020) 

(terminating and issuing a consent order 

to JC Pods), unreviewed by Notice (Jan. 

4, 2021); Order Nos. 33 & 34 (Dec. 15, 

2020) (terminating and issuing consent 

orders to Tobacco Alley and 

WeVapeUSA), unreviewed by Notice 

(Jan. 5, 2021); Order No. 37 (Dec. 30, 

2020) (terminating and issuing a consent 

order to Vape Central Group), 

unreviewed by Notice (Jan. 21, 2021); 

Order No. 38 (Jan. 5, 2021) (terminating 

and issuing a consent order to Ana 

Equity), unreviewed by Notice (Jan. 21, 

2021); Order Nos. 40–42 (Feb. 1, 2021) 

(terminating and issuing consent orders 

to eCig-City, All Puff Store, and 

Wireless N Vapor Citi), unreviewed by 

Notice (Feb. 16, 2021); Order Nos. 43– 

48 (Feb. 2, 2021) (terminating and 

issuing consent orders to JUULSite, 

Alternative Pods, Limitless Accessories, 

Price Point NY, Naturally Peaked Health 

Co., and Smoker’s Express), unreviewed 

by Notice (Feb. 22, 2021); Order Nos. 49 

& 50 (Feb. 3, 2021) (terminating and 

issuing consent orders to Kind Group 

and CaryTown Tobacco), unreviewed by 

Notice (Feb. 22, 2021); Order Nos. 53 & 

54 (Feb. 17, 2021) (terminating and 

issuing consent orders to Cigar Road 

and Nilkant), unreviewed by Notice 

(Mar. 15, 2021); Order No. 58 (Mar. 18, 

2021) (terminating and issuing a consent 

order to Cloud 99 Vapes), unreviewed by 

Notice (Apr. 2, 2021); Order No. 60 

(Apr. 9, 2021) (terminating and issuing 

a consent order to Canal Smoke), 

unreviewed by Notice, (Apr. 22, 2021); 

Order No. 61 (Apr. 28, 2021) 

(terminating and issuing a consent order 

to Perfect Vape), unreviewed by Notice 

(May 17, 2021); Order No. 51 (Feb. 8, 

2021) (terminating investigation as to 

Keep Vapor), unreviewed by Notice 

(Feb. 22, 2021). 

The Commission previously found the 

remaining eighteen respondents (‘‘the 

Defaulting Respondents’’) in default. 

See Order No. 35 (Dec. 17, 2021) 

(finding 101 Smoke Shop, Eon Pods, 

Jem Pods, Vapers & Papers, Sky 

Distribution, and Guangdong Cellular in 

default), unreviewed by Notice (Jan. 5, 

2021); Order No. 62 (May 5, 2021) 

(finding Shenzhen Azure, Evergreen 

Smokeshop, DripTip Vapes, Modern 

Age Tobacco, and Mr. Fog in default), 

unreviewed by Notice (May 19, 2021); 

Order No. 63 (May 5, 2021) (finding 

Shango Distribution and Shenzhen Yark 

in default), unreviewed by Notice (May 

19, 2021); Order No. 64 (Sept. 13, 2021) 

(finding Shenzhen Bauway, Shenzhen 

Apoc, Access Vapor, eLiquid Stop, and 

Shenzhen Ocity in default), unreviewed 

by Notice (Sept. 30, 2021). 

On October 14, 2021, the presiding 

administrative law judge (‘‘ALJ’’) issued 

an initial determination (‘‘ID’’), Order 

No. 65, granting a motion filed by JLI 

pursuant to Commission Rule 210.18 

(19 CFR 210.18) seeking a summary 

determination on violation as to the 

Defaulting Respondents. The ID 

includes the ALJ’s Recommended 

Determination (‘‘RD’’) on remedy and 

bonding, which recommended that the 

Commission issue a general exclusion 

order and impose a one hundred 

percent (100%) bond during the period 

of Presidential review. The RD also 

recommends that the Commission issue 

cease and desist orders directed to the 

twelve domestic Defaulting 

Respondents, namely, 101 Smoke Shop, 

Eon Pods, Jem Pods, Sky Distribution, 

Vapers & Papers, Access Vapor, eLiquid 

Stop, Evergreen Smokeshop, Shenzhen 

Azure, DripTip Vapes, Modern Age 

Tobacco, and Shango Distribution. 

No petitions for review of the ID were 

filed, and the Commission received no 

comments or statements on the public 

interest, either pursuant to Commission 

Rule 210.50(a)(4) (19 CFR 210.50(a)(4)) 

or the post-RD notice, see 86 FR 58099 

(Oct. 20, 2021). 

On November 29, 2021, the 

Commission determined to review 

Order No. 65 in part with respect to the 

economic prong of the domestic 

industry requirement. The Commission 

requested briefing concerning only 

remedy, the public interest, and 

bonding. 

On December 13, 2021, JLI filed an 

initial submission in response to the 

Commission’s notice requesting that the 

Commission issue a GEO, issue CDOs 

against the twelve domestic Defaulting 

Respondents, and set a bond of one 

hundred percent (100%) of entered 

value during the period of Presidential 

review. On the same day, OUII also filed 

an initial submission supporting the 

ALJ’s recommendations. On December 

20, 2021, JLI submitted a response to 

OUII’s brief. No other submissions were 

filed in response to the Notice. 

On review, the Commission affirms 

the ID’s finding that there is a violation 

of section 337 with respect to the 

Defaulting Respondents, including the 

ID’s finding that JLI has satisfied the 

economic prong of the domestic 

industry requirement. Moreover, the 

Commission finds that the statutory 

requirements for issuance of a GEO 

under section 337(d)(2) are met. See 19 

U.S.C. 1337(d)(2). The Commission also 

finds that issuance of CDOs against the 

twelve domestic Defaulting 

Respondents is appropriate under 

sections 337(f)(1) and (g)(1). See 19 

U.S.C. 1337(f)(1), (g)(1). In addition, the 

Commission finds that the public 

interest factors do not preclude issuance 

of the requested relief. See 19 U.S.C. 

1337(d)(1), (f)(1), (g)(1). 

The Commission therefore has 

determined that the appropriate remedy 

in this investigation is: (1) A GEO 

prohibiting the unlicensed entry of 

certain vaporizer cartridges and 

components thereof that infringe the 

claims of the Asserted Patents; and (2) 

CDOs against respondents 101 Smoke 

Shop, Eon Pods, Jem Pods, Sky 

Distribution, Vapers & Papers, Access 

Vapor, eLiquid Stop, Evergreen 

Smokeshop, Shenzhen Azure, DripTip 

Vapes, Modern Age Tobacco, and 

Shango Distribution. The Commission 

has also determined that the bond 

during the period of Presidential review 

shall be in the amount of one hundred 

percent (100%) of the entered value of 

the articles subject to the GEO and 

CDOs. See 19 U.S.C. 1337(j). 

The Commission’s orders were 

delivered to the President and to the 

United States Trade Representative on 

the day of their issuance. The 

investigation is terminated. 

The Commission vote for this 

determination took place on February 

14, 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). 

While temporary remote operating 

procedures are in place in response to 

COVID–19, the Office of the Secretary is 

not able to serve parties that have not 

retained counsel or otherwise provided 

a point of contact for electronic service. 

Accordingly, pursuant to Commission 

Rules 201.16(a) and 210.7(a)(1) (19 CFR 

201.16(a), 210.7(a)(1)), the Commission 

orders that the Complainant(s) complete 

service for any party/parties without a 

method of electronic service noted on 

the attached Certificate of Service and 

shall file proof of service on the 

Electronic Document Information 

System (EDIS). 

By order of the Commission. 


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9382 Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 

Issued: February 14, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–03518 Filed 2–17–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1298] 

Certain Networking Devices, 

Computers, and Components Thereof 

and Systems Containing the Same; 

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 

January 13, 2022, under section 337 of 

the Tariff Act of 1930, as amended, on 

behalf of Proven Networks, LLC, of Los 

Angeles, California. The 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 networking 

devices, computers, and components 

thereof and systems containing the 

same, by reason of infringement of 

certain claims of U.S. Patent No. 

8,687,573 (‘‘the ’573 patent’’). The 

complaint 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 limited exclusion 

order and a cease and desist order. 

ADDRESSES: The complaint, 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 

EDIS3Help@usitc.gov. 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: 

Jessica Mullan, Office of the Secretary, 

Docket Services Division, U.S. 

International Trade Commission, 

telephone (202) 205–1802. 

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 

February 14, 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 

1–37 of the ’573 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 ‘‘switches, gateways, 

and other networking products that 

man[a]ge the flow of traffic and 

bandwidth over a network, as well as 

components involved therewith’’; 

(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: Proven 

Networks, LLC, 12424 Wilshire Blvd. 

12th Floor, Los Angeles, CA 90025. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

NetApp, Inc., 3060 Olsen Drive Ave., 

San Jose, CA 95128. 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations will not participate as a 

party to this investigation. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondent 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 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 the 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: February 14, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–03505 Filed 2–17–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Power Semiconductors, 

and Mobile Devices and Computers 

Containing Same, DN 3605; the 

Commission is soliciting comments on 

any public interest issues raised by the 

complaint or complainant’s filing 

pursuant to the Commission’s Rules of 

Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 


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