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USITC Institutes Section 337 Investigtion of Certain Vaporizer Cartridges and Components Thereof

August 11, 2020
News Release 20-086
Inv. No. 337-TA-1211
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigtion of Certain Vaporizer Cartridges and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vaporizer cartridges and components thereof.  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 Juul Labs, Inc., of San Francisco, CA, on July 10, 2020.  Supplements to the complaint were filed on July 21, 2020, and July 31, 2020.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vaporizer cartridges and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following as respondents in this investigation:

101 Smoke Shop, Inc., of Los Angeles, CA;
2nd Wife Vape of Haslet, TX;
Access Vapor LLC of Orlando, FL;
All Puff Store of Middleburg Heights, OH;
Alternative Pods of Palatine, IL;
Ana Equity LLC of Orlando, FL;
Aqua Haze LLC of Farmers Branch, TX;
Cali Pods of Houston, TX;
Canal Smoke Express, Inc., of New York, NY;
CaryTown Tobacco of Richmond, VA;
Cigar Road, Inc., of Woodland Hills, CA;
Cloud 99 Vapes of New York, NY;
DripTip Vapes LLC of Plantation, FL;
Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. of Shenzhen, Guangdong, China;
eCig-City of Riverside, CA;
Ejuicedb of Farmingdale, NY;
eLiquid Stop of Glendale, CA;
Eon Pods LLC of Jersey City, NJ;
Evergreen Smokeshop of Oakland, CA;
EZFumes of Bedford, TX;
Guangdong Cellular Workshop Electronic Technology Co., Ltd., of Guangdong, China;
JC Pods of Elk Grove Village, IL;
Jem Pods, U.S.A., of Snellville, GA;
JUULSite Inc. of Bensenville, IL;
Keep Vapor Electronic Tech. Co., Ltd., of Shenzhen, China;
Limitless Accessories, Inc., of Tinley Park, IL;
Midwest Goods, Inc., of Bensenville, IL;
Modern Age Tobacco of Gainesville, FL;
Mr. Fog of Bensenville, IL;
Naturally Peaked Health Co. of Brewster, NY;
Nilkant 167 Inc. of Boston, MA;
Perfect Vape LLC of Oklahoma City, OK;
Price Point NY of Farmingdale, NY;
Puff E-Cig of Imlay City, MI;
Shenzhen Apoc Technology Co., Limited, of Shenzhen, China;
Shenzhen Bauway Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Ocity Times Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yark Technology Co., Ltd., of Shenzhen, China;
Sky Distribution LLC of Addison, IL;
Smoker’s Express of Auburn Hills, MI;
The Kind Group LLC of Ocean, NJ;
Tobacco Alley of Midland of Midland, TX;
Valgous of Bensenville, IL;
Vape Central Group of Hallandale, FL;
Vape ‘n Glass of Streamwood, IL;
Vaperistas of Wood Dale, IL;
Vapers&Papers, LLC, of Schenectady, NY;
WeVapeUSA of Brooklyn, NY; and
Wireless N Vapor Citi LLC of Lexington, KY.

By instituting this investigation (337-TA-1211), 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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