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News Release 20-096
Inv. No(s). 731-TA-1455, 731-TA-1457
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of polyethylene terephthalate (PET) sheet from Korea and Oman that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Korea and Oman.
The Commission’s public report Polyethylene Terephthalate (PET) Sheet from Korea and Oman (Inv. Nos. 731-TA-1455 and 1457 (Final), USITC Publication 5111, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available by September 21, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Polyethylene Terephthalate (PET) Sheet from Korea and Oman
Investigation Nos. 731-TA-1455 and 731-TA-1457 (Final)
Product Description: The primary end use of PET sheet is a wide variety of food, beverage and retail packaging. The product is used in the manufacture of products such as food trays and containers (e.g., cake and cookie containers, one‐time use school and hospital trays), carry‐out containers, fruit and vegetable clamshell containers and trays, drinking cups, medical trays, paint tray liners, consumer packaging, and packaging for electrostatic sensitive devices (such as integrated computer circuits). PET sheet is also used to produce protective medical face shields needed in the COVID‐19 pandemic. The scope is raw, pretreated, or primed polyethylene terephthalate sheet, whether extruded or coextruded, in nominal thicknesses of equal to or greater than 7 mil (0.007 inches or 177.8 mm) and not exceeding 45 mil (0.045 inches or 1143 mm). Included is all PET sheet whether made from prime (virgin) inputs or recycled inputs, as well as any blends thereof. All PET sheet meeting the above specifications are included regardless of width, color, surface treatment, coating, lamination, or other surface finish.
Status of Proceedings:
1. Type of investigations: Final antidumping duty investigations.
2. Petitioners: Advanced Extrusion, Inc., Rogers, Minnesota; Ex‐Tech Plastics, Inc., Richmond, Illinois; and Multi‐Plastics Extrusions, Inc., Hazleton, Pennsylvania.
3. USITC Institution Date: Tuesday, July 09, 2019.
4. USITC Hearing Date: Tuesday, July 14, 2020.
5. USITC Vote Date: Wednesday, August 19, 2020.
6. USITC Notification to Commerce Date: Monday, August 31, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 25.
2. Location of producers’ plants: Arkansas, California, Florida, Georgia, Illinois, Indiana, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, Washington, West Virginia, and Wisconsin.
3. Production and related workers: 2,495.
4. U.S. producers’ U.S. shipments: $1.1 billion.
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: [1]
U.S. Imports in 2019:
1. Subject imports: [1]
2. Nonsubject imports: $40.6 million.
3. Leading import sources: Canada, Korea, Taiwan, and Oman.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-095
Inv. No(s). 701-TA-511, 731-TA-1246, 731-TA-1247
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of certain crystalline silicon photovoltaic products from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China and Taiwan will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Inv. Nos. 701-TA-511 and 731-TA-1246 and 1247 (Review), USITC Publication 5112, August 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 21, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Certain Crystalline Silicon Photovoltaic Products from China and Taiwan were instituted on January 2, 2020.
On April 6, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 20-093
Inv. No(s). 337-TA-1214
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms 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 Versa Products, Inc., of Los Angeles, CA, on July 20, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain height-adjustable desk platforms and components thereof that infringe a patent 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:
Varidesk LLC of Coppell, TX;
CKNAPP SALES, INC., of Goodfield, IL;
Loctek, Inc., of Livermore, CA;
Loctek Ergonomic Technology Corporation of Ningbo City, Zhejiang Province, China;
Zhejiang Loctek Smart Drive Technology Co., Ltd., of Ningbo City, Zhejiang Province, China;
Amazon Import Inc. of El Monte, CA; and
Stand Steady Company, LLC, of Birmingham, AL.
By instituting this investigation (337-TA-1214), 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.
News Release 20-092
Inv. No(s). 731-TA-1132, 731-TA-1134
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyethylene terephthalate (PET) film, sheet, and strip from China and the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China and the United Arab Emirates will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Polyethylene Terephthalate (PET) Film from China and the United Arab Emirates (Inv. Nos. 731-TA-1132 and 1134 (Second Review), USITC Publication 5110, August 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 16, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Polyethylene Terephthalate (PET) Film, Sheet, and Strip from China and the United Arab Emirates were instituted on January 2, 2020.
On April 6, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 20-089
Inv. No(s). 701-TA-652, 731-TA-1524-1526
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of silicon metal from Bosnia and Herzegovina, Iceland, and Malaysia that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the government of Kazakhstan.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of silicon metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia, with its preliminary countervailing duty determination concerning imports of this product from Kazakhstan due on or about September 23, 2020, and its preliminary antidumping duty determinations concerning imports of this product from Bosnia and Herzegovina, Iceland, and Malaysia due on or about December 7, 2020.
The Commission’s public report Silicon Metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia (Inv. Nos. 701-TA-652 and 731-TA-1524-1526 (Preliminary), USITC Publication 5107, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Silicon Metal from Bosnia-Herzegovina, Iceland, Kazakhstan, and Malaysia
Investigation Nos. 701-TA-652 and 731-TA-1524-1526 (Preliminary)
Product Description: Silicon metal of all forms and sizes, including silicon powder, contains at least 85.00 percent but less than 99.99 percent silicon and less than 4.00 percent iron by actual weight. Specifically excluded is semiconductor grade silicon (containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.00).
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty investigations.
2. Petitioners: Globe Specialty Metals, Inc., Beverly, Ohio; and Mississippi Silicon LLC, Burnsville, Mississippi.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses).
5. USITC Vote Date: Thursday, August 13, 2020.
6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019
1. Number of U.S. producers: Three.
2. Location of producers’ plants: Alabama, Mississippi, New York, Ohio, and West Virginia.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: [1]
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: [1]
U.S. Imports in 2019:
1. Subject imports: $53.6 million.
2. Nonsubject imports: $301.6 million.
3. Leading import sources: Brazil, Canada, Norway, Bosnia-Herzegovina, Kazakhstan.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-091
Inv. No(s). 731-TA-1528
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of seamless refined copper pipe and tube from Vietnam that are allegedly sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue its investigation of imports of seamless refined copper pipe and tube from Vietnam, with its preliminary antidumping duty determination due on or about December 7, 2020.
The Commission’s public report Seamless Refined Copper Pipe and Tube from Vietnam (Inv. No. 731-TA-1528 (Preliminary), USITC Publication 5108, August 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Seamless Refined Copper Pipe and Tube from Vietnam
Investigation No. 731-TA-1528 (Preliminary)
Product Description: The products covered by this investigation are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in length and measuring less than 12.130 inches (308.102 mm) in actual in outside diameter, regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold‐drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical configuration (e.g., straight, coiled, bent, wound on spools).
Status of Proceedings:
1. Type of investigation: Preliminary antidumping duty investigation.
2. Petitioners: American Copper Tube Coalition.
3. USITC Institution Date: Tuesday, June 30, 2020.
>4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses (July 17-July 24, 2020)).
5. USITC Vote Date: Thursday, August 13, 2020.
;">6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Alabama, Arkansas, Illinois, Mississippi, Missouri, North Carolina, Pennsylvania, Utah, and Virginia.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: [1]
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: [1]
U.S. Imports in 2019:
1. Subject imports: $152 million.
2. Nonsubject imports: $341 million.
3. Leading import sources: Vietnam, Canada, Korea, Mexico, and Greece.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-090
Inv. No(s). 701-TA-653, 731-TA-1527
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of standard steel welded wire mesh from Mexico that are allegedly subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of standard steel welded wire mesh from Mexico, with its preliminary countervailing duty determination due on or about September 23, 2020, and its preliminary antidumping duty determination due on or about December 7, 2020.
The Commission’s public report Standard Steel Welded Wire Mesh from Mexico (Inv. Nos. 701-TA-653 and 731-TA-1527 (Preliminary), USITC Publication 5109, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Standard Steel Welded Wire Mesh from Mexico
Investigation Nos. 701-TA-653 and 731-TA-1527 (Preliminary)
Product Description: Standard welded steel wire mesh (“wire mesh”) is designed for concrete reinforcement, consisting of square or rectangular grids of uniformly spaced carbon-steel smooth (with a uniform surface) or deformed (with a transverse indented or ribbed surface) wires that are welded together at all intersections, and is packaged and sold in rolls or sheets. The subject wire mesh is currently produced to meet ASTM specification A1064/A1064M, comparable foreign specifications (e.g., DIN, JIS, etc.), or proprietary specifications, which specify the wire gauges (diameters), spacing between transverse and longitudinal wires, and length and width combinations. Specifically excluded are galvanized wire mesh and epoxy-coated wire mesh.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty investigations.
2. Petitioners: Insteel Industries Inc., Mount Airy, NC; Mid-South Wire Co., Nashville, TN; National Wire LLC, Conroe, TX; Oklahoma Steel & Wire Co., Madill, OK; and Wire Mesh Corp., Houston, TX.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses (July 17-July 24, 2020)).
5. USITC Vote Date: Thursday, August 13, 2020.
6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 12.
2. Locations of producers’ plants: California, Connecticut, Florida, Iowa, Illinois, Kentucky, North Carolina, New Mexico, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, and Washington.
3. Production and related workers: 515.
4. U.S. producers’ U.S. shipments: $275 million.
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: [1]
U.S. Imports in 2019:
1. Subject imports: [1]
2. Nonsubject imports: [1]
3. Leading import source: Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-088
Inv. No(s). 337-TA-1213
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, fixtures, 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 IDEAL INDUSTRIES LIGHTING LLC d/b/a Cree Lighting of Durham, NC, on July 15, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light-emitting diode products, fixtures, and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified RAB Lighting Inc. of Northvale, NJ, as the respondent in this investigation.
By instituting this investigation (337-TA-1213), 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.
News Release 20-087
Inv. No(s). 337-TA-1212
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic candle products 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 The Sterno Group Companies, LLC, of Corona, CA, and Sterno Home Inc. of Coquitlam, BC, Canada, on July 15, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic candle products and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Shenzhen Liown Electronics Co. Ltd. of Shenzhen, Guangdong, China;
Luminara Worldwide, LLC, of Eden Prairie, MN; and
L Candle Company, LLC, of Brea, CA.
By instituting this investigation (337-TA-1212), 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.
News Release 20-086
Inv. No(s). 337-TA-1211
Contact: Peg O'Laughlin, 202-205-1819
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.