The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain oil-vaping cartridges, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Shenzhen Smoore Technology Limited of Bao’an District, Shenzhen, China, on October 4, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain oil-vaping cartridges, components thereof, and products containing the same that infringe patents and a registered trademark asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
BBTank USA, LLC, of Lambertville, MI;
Glo Extracts of Los Angeles, CA;
BulkCarts.com of Canton, MI;
Greenwave Naturals LLC of Austin, TX;
BoldCarts.com of Tempe, AZ;
Bold Crafts, Inc., of Irvine, CA;
Blinc Group Holdings, LLC, of New York, NY;
Jonathan Ray Carfield d/b/a AlderEgo Wholesale, AlderEgo Holdings, Inc, and AlderEgo Group Limited a/k/a AVID Holdings Limited of Shenzhen, Guangdong, China;
Hanna Carfield of Tacoma, WA;
Next Level Ventures, LLC, of Seattle, WA;
Advanced Vapor Devices, LLC, of Los Angeles, CA;
avd710.com of Seattle, WA;
AlderEgo Group Limited (“AEG”) of Hong Kong;
A&A Global Imports, Inc., d/b/a Marijuana Packaging of Vernon, CA;
Bulk Natural, LLC d/b/a True Terpenes of Portland, OR;
Brand King, LLC, of Sacramento, CA;
ZTCSMOKE USA Inc. of Niceville, FL;
headcandysmokeshop.com of Richmond, BC, Canada;
Head Candy Enterprise Ltd. of Vancouver, BC, Canada;
Green Tank Technologies Corp. of Toronto, ON, Canada;
Cannary Packaging Inc. of Kelowna, BC, Canada;
Cannary LA of Signal Hill, CA;
dcalchemy.com of Phoenix, AZ;
DC Alchemy, LLC, of Phoenix, AZ;
Cartridgesforsale.com of Ypsilanti, MI;
HW Supply, LLC, of Ypsilanti, MI;
International Vapor Group, LLC, of Miami Lakes, FL;
Obsidian Supply, Inc., of Irvine, CA;
Ygreeninc.com of Walnut, CA;
Ygreen Inc. of Walnut, CA;
Atmos Nation LLC of Davie, FL;
shopbvv.com of Naperville, IL;
Best Value Vacs, LLC, of Naperville, IL;
Royalsupplywholesale.com of San Francisco, CA;
Customcanabisbranding.com of San Francisco, CA;
CLK Global, Inc., of San Francisco, CA;
iKrusher.com of Arcadia, CA; and
The Calico Group Inc. of Austin, TX.
By instituting this investigation (337-TA-1286), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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https://www.usitc.gov/press_room/news_release/2021/er1104ll1842.htm
