Certain Oil-Vaping Cartridges, Components Thereof, and Products Containing the Same Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 as to the Asserted Patent Claims; Request for Written Submissions on Issues Under Review and on Remedy, the Public Interest, and Bonding as to the Asserted Trademark, 26332-26335 [2023-08996]
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Verification (EIV) System (HUD/PIH–5)
is classified as a System of Records, as
initially published on July 20, 2005, in
the Federal Register at page 41780 (70
FR 41780), and as amended and
published on September 1, 2009, in the
Federal Register on page 45235 (74 FR
45235).
As a condition of granting access to
the EIV system, each prospective user of
the system must (1) request access to the
system; (2) agree to comply with HUD’s
established rules of behavior; and (3)
review and signify their understanding
of their responsibilities of protecting
data protected under the Federal
Privacy Act (5 U.S.C. 522a, as
amended). As such, the collection of
information about the user and the type
of system access required by the
prospective user is required by HUD to:
(1) identify the user; (2) determine if the
prospective user in fact requires access
to the EIV system and in what capacity;
(3) provide the prospective user with
information related to the Rules of
Behavior for system usage and the user’s
responsibilities to safeguard data
accessed in the system once access is
granted; and (4) obtain the signature of
the prospective user to certify the user’s
understanding of the Rules of Behavior
and responsibilities associated with his/
her use of the EIV system.
HUD collects the following
information from each prospective user:
Public Housing Agency (PHA) code,
organization name, organization
address, prospective user’s full name,
HUD-assigned user ID, position title,
office telephone number, facsimile
number, type of work which involves
the use of the EIV system, type of
system action requested, requested
access roles to be assigned to
prospective user, public housing
development numbers to be assigned to
prospective PHA user, and prospective
user’s signature and date of request. The
information is collected electronically
and manually (for those who are unable
to transmit electronically) via a PDFfillable or Word-fillable document,
which can be emailed, faxed or mailed
to HUD. If this information is not
collected, the Department will not be in
compliance with the Federal Privacy
Act and be subject to civil penalties.
ESTIMATE OF THE HOUR OF BURDEN OF THE COLLECTION OF INFORMATION
Information
collection
Number of
respondents
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HUD–52676 ........
13,192
Frequency of
respondents
Responses
per annum
On occasion .......
13,703
Burden hour per
response
Initial 1/hr, periodic 0.25/hr.
B. Solicitation of Public Comment
C. Authority
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology
HUD encourages interested parties to
submit comments in response to these
questions.
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
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Colette Pollard,
Department Reports Management Officer,
Office of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2023–09018 Filed 4–27–23; 8:45 am]
BILLING CODE 4210–67–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1286]
Certain Oil-Vaping Cartridges,
Components Thereof, and Products
Containing the Same Commission
Determination To Review in Part a
Final Initial Determination Finding No
Violation of Section 337 as to the
Asserted Patent Claims; Request for
Written Submissions on Issues Under
Review and on Remedy, the Public
Interest, and Bonding as to the
Asserted Trademark
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review in part a final
initial determination (‘‘ID’’) of the
presiding chief administrative law judge
SUMMARY:
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Annual
burden hours
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10,754
Hourly cost
per response
$25.94
Annual cost
$278,959
(‘‘CALJ’’), finding no violation of section
337 as to the asserted patent claims. On
review, the Commission has determined
to find no violation of section 337 as to
the asserted patent claims. The
Commission has determined to review
all findings and orders as to Respondent
Glo Extracts (‘‘Glo Extracts’’) of Los
Angeles, California and requests briefing
from the parties as set forth below. The
Commission has also determined to
review all findings related to the
asserted trademark. The Commission
requests written submissions from the
parties, interested government agencies,
and other interested persons on the
issues of remedy, the public interest,
and bonding as to the asserted
trademark, under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. 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
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Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On
November 10, 2021, the Commission
instituted this investigation based on a
complaint filed by Shenzhen Smoore
Technology Limited (‘‘Smoore’’ or
‘‘Complainant’’) of Shenzhen, China. 86
FR 62567–69 (Nov. 10, 2021). The
complaint alleged violations of section
337 based on the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain oil-vaping
cartridges, components thereof, and
products containing the same by reason
of infringement of one or more of claims
1–3, 5, and 6 of U.S. Patent No.
10,357,623 (‘‘the ’623 patent’’); claims 1,
2, and 7 of U.S. Patent No. 10,791,762
(‘‘the ’762 patent’’); claims 1 and 11 of
U.S. Patent No. 10,791,763 (‘‘the ’763
patent’’); and U.S. Registered Trademark
No. 5,633,060 (‘‘the ’060 mark’’). Id.
The Commission’s notice of
investigation named the following
entities as respondents: BBTank USA,
LLC (‘‘BBTank’’) of Lambertville,
Michigan; Glo Extracts; BulkCarts.com
of Canton, Michigan; Greenwave
Naturals LLC of Austin, Texas;
BoldCarts.com of Tempe, Arizona; Bold
Crafts, Inc. of Irvine, California; Blinc
Group Holdings, LLC of New York, New
York; Jonathan Ray Carfield (‘‘Jonathan
Carfield’’), d/b/a AlderEgo Wholesale,
AlderEgo Holdings, Inc. and AlderEgo
Group, Limited a/k/a AVD Holdings
Limited of Guangdong, China; Hanna
Carfield (‘‘Hanna Carfield’’) of Tacoma,
Washington; Next Level Ventures, LLC
(‘‘Next Level Ventures’’) of Seattle,
Washington; Advanced Vapor Devices,
LLC (‘‘AVD’’) of Los Angeles, California;
avd710.com (‘‘avd710.com’’) of Seattle,
Washington; AlderEgo Group Limited
(‘‘AEG’’) of Hong Kong; A&A Global
Imports, Inc. (‘‘A&A Global’’) d/b/a
Marijuana Packaging of Vernon,
California; Bulk Natural, LLC (‘‘Bulk
Natural’’) d/b/a True Terpenes of
Portland Oregon; Brand King, LLC
(‘‘Brand King’’) of Sacramento,
California; ZTCSMOKE USA Inc.
(‘‘ZTCSMOKE’’) of Niceville, Florida;
headcandysmokeshop.com of
Richmond, BC Canada and Head Candy
Enterprise Ltd. of Vancouver. BC
Canada (together ‘‘Head Candy’’) ; Green
Tank Technologies Corp. of Toronto,
ON Canada; Cannary Packaging Inc
(‘‘Cannary Packaging’’) of Kelowna, BC
Canada; Cannary LA (‘‘Cannary LA’’) of
Signal Hill, California; dcalchemy.com
and DC Alchemy, LLC (together
‘‘Alchemy’’) both of Phoenix, Arizona;
Cartridgesforsale.com of Ypsilanti,
Michigan; HW Supply, LLC of Ypsilanti,
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Michigan; International Vapor Group,
LLC (‘‘International Vapor’’) of Miami
Lakes, Florida; Obsidian Supply, Inc. of
Irvine, California; Ygreeninc.com and
Ygreen Inc. (together (‘‘Ygreen’’) both of
Walnut, California; Atmos Nation LLC
(‘‘Atmos’’) of Davie, Florida;
shopbvv.com of Naperville, Illinois; Best
Value Vacs, LLC (‘‘Best Value Vacs’’) of
Naperville, Illinois;
Royalsupplywholesale.com
(‘‘Royalsupplywholesale’’) of San
Francisco, California;
Customcanabisbranding.com
(‘‘Customcanabisbranding’’) of San
Francisco, California; CLK Global, Inc.
(‘‘CLK’’) of San Francisco, California;
iKrusher.com, of Arcadia, California
(‘‘iKrusher’’); and The Calico Group Inc.
of Austin, Texas. The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party in this investigation.
Id.
On December 16, 2021, the CALJ
issued an ID granting a motion to
terminate the investigation as to Head
Candy based upon a consent order.
Order No. 9 (Dec. 16, 2021), unreviewed
by Comm’n Notice (Jan. 10, 2022). On
December 20, 2021, the CALJ issued an
ID granting a motion to terminate the
investigation as to ZTCSMOKE based
upon a consent order. Order No. 10
(Dec. 20, 2021), unreviewed by Comm’n
Notice (Jan. 11, 2022). On December 21,
2021, the CALJ issued IDs granting
motions to terminate the investigation
as to Alchemy, CLK,
Royalsupplywholesale, and
Customcanabisbranding based upon
consent orders. Order Nos. 12 and 13
(Dec. 21, 2021), unreviewed by Comm’n
Notice (Jan. 11, 2022). On January 10,
2022, the CALJ issued an ID granting a
motion to terminate the investigation as
to Ygreen based upon a consent order.
Order No. 15 (Jan. 10, 2022), unreviewed
by Comm’n Notice (Feb. 4, 2022). On
January 18, 2022, the CALJ issued IDs
granting motions to terminate the
investigation as to Cannary Packaging
and Cannary LA based upon consent
orders. Order Nos. 16 and 17 (Jan. 18,
2022), unreviewed by Comm’n Notice
(Feb. 15, 2022).
On January 21, 2022, the CALJ issued
an ID granting a motion to terminate the
investigation as to International Vapor
based upon withdrawal of allegations in
the complaint as to International Vapor.
Order No. 17 (Jan. 21, 2022), unreviewed
by Comm’n Notice (Feb. 15, 2022). On
February 23, 2022, the CALJ issued an
ID granting a motion to (1) amend the
complaint and notice of investigation to
change the name of Respondents
BoldCarts.com and Bold Crafts, Inc. to
Bold Crafts, LLC d/b/a Bold Carts and
BoldCarts.com (‘‘Bold Crafts’’); (2)
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26333
amend the complaint and notice of
investigation to change the name of
Respondent Green Tank Technologies
Corp. to Greentank Technologies Corp.
(‘‘Greentank’’); (3) amend the complaint
and notice of investigation to change the
name of Respondent Blinc Group
Holdings, LLC to The Blinc Group Inc.;
and (4) terminate the investigation as to
BBTank based upon withdrawal of
allegations in the complaint as to
BBTank. Order No. 20 (Feb. 23, 2022),
unreviewed by Comm’n Notice (Mar. 18,
2022).
On June 7, 2022, the CALJ issued an
ID granting a motion to terminate the
investigation as to Best Value Vacs and
shopbvv.com based upon settlement.
Order No. 29 (June 7, 2022), unreviewed
by Comm’n Notice (June 22, 2022). On
July 5, 2022, the CALJ issued IDs
granting motions to terminate the
investigation as to Atmos, AEG, Hanna
Carfield, and Jonathan Carfield based
upon settlement. Order Nos. 33 and 34
(July 5, 2022), unreviewed by Comm’n
Notice (Aug. 2, 2022).
The CALJ held an evidentiary hearing
from August 1–August 5, 2022 and
received post-hearing briefs thereafter.
On January 23, 2023, the CALJ issued
an ID finding the following respondents
in default: Cartridgesforsale.com; HW
Supply, LLC; Obsidian Supply, Inc.;
BulkCarts.com; and Greenwave Naturals
LLC. Order No. 42 (Jan. 23, 2023),
unreviewed by Comm’n Notice (Feb. 14,
2023). The CALJ declined to find
respondent Glo Extracts in default
because he found that Glo Extracts was
not properly served with the showcause order. ID at 8.
On January 31, 2023, the CALJ issued
an ID granting a motion to terminate the
investigation as to The Calico group
based upon settlement and a consent
order. Order No. 46 (Jan. 31, 2023),
unreviewed by Comm’n Notice (Mar. 3,
2023). Non-defaulting respondents
remaining in the investigation are: The
Blinc Group Inc.; Bold Crafts;
Greentank; iKrusher; Next Level
Ventures; AVD; avd710.com; Bulk
Natural; Brand King; and A&A Global
(collectively, the ‘‘Respondents’’).
On February 1, 2023, the CALJ issued
the final ID finding no violation of
section 337. The ID found that by
appearing and participating in the
investigation, the participating parties
(The Blinc Group Inc.; Bold Crafts, LLC;
Greentank Technologies Corp.;
iKrusher, Inc.; Next Level Ventures,
LLC; Bulk Natural, LLC; Brand King,
LLC; A&A Global Imports, Inc.)
consented to personal jurisdiction at the
Commission. ID at 19. The ID further
found that the importation requirement
under 19 U.S.C. 1337(a)(1)(B) is satisfied
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and that the Commission has in rem
jurisdiction over the accused products.
Id. at 19–20 (citing JX–0359C ¶ 3, JX–
0375C (Godlewski Depo.) at 49:5–51:8,
JX–0381C ¶ 3, JX–0380C (Yu Depo.)
47:14–48:1; 48:11–17, JX–0523C ¶ 3).
The ID found that Smoore failed to
show that the accused products infringe
the asserted claims of the ’623, ’762, and
’763 patents. ID at 55–75. The ID also
found that the respondents failed to
show that the asserted claims are
invalid in view of the cited prior art. ID
at 75–89. The ID further found that the
asserted claims of the ’623 patent are
invalid as indefinite under 35 U.S.C.
112 and are unenforceable due to
inequitable conduct. ID at 27–29, 89–94.
Finally, the ID found that Smoore failed
to prove the existence of a domestic
industry that practices the Asserted
Patents as required by 19 U.S.C.
1337(a)(2). Id. at 55–75, 94–102.
The ID included the CALJ’s
recommended determination on remedy
and bonding (‘‘RD’’). The RD
recommended, should the Commission
find a violation, issuance of a limited
exclusion order and cease and desist
orders. ID/RD at 105–108. The RD also
recommended imposing no bond for
covered products imported during the
period of Presidential review because
Smoore failed to meet its burden to
establish a need for a bond. Id. at 108–
09.
On February 13, 2023, Smoore filed a
petition for review of the ID and
Respondents filed a contingent petition
for review of the ID. On February 21,
2023, the parties, including OUII, filed
responses to the petitions.
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions to the ALJ, the
petitions for review, and the responses
thereto, the Commission has determined
to review in part the final ID and orders
issued in this investigation. Specifically,
the Commission has determined to
review the ID’s domestic industry
findings, all findings related to the
asserted trademark, and all findings and
orders as to Respondent Glo Extracts.
On review, the Commission has
determined to affirm the ID’s finding
that Smoore failed to show that its
alleged domestic industry products
practice any of the asserted patents.
Thus, Smoore has necessarily failed to
show the existence of a domestic
industry under section 337(a)(3) as to
the asserted patents and as such the
Commission has determined to take no
position on the economic prong of the
domestic industry requirement related
to the asserted patents. Accordingly, the
Commission finds no violation with
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regard to the ’623, ’762, and ’763
patents.
In connection with the ’060 mark
asserted against the respondents found
in default and Glo Extracts, the
Commission requests responses from
Smoore, Glo Extracts, and OUII to the
following questions pertaining to Glo
Extracts:
(1) Whether Smoore has been able to serve
Glo Extracts with the Amended Complaint
and Notice of Investigation, Smoore’s motion
for summary determination, and any of the
Orders from this investigation, including the
ALJ’s show-cause order;
(2) Smoore shall provide proof of service
for any documents successfully served on
Glo Extracts, or if unsuccessful, an
explanation of its attempts to serve Glo
Extracts with those documents, along with
supporting evidence, and an explanation of
its statement that Glo Extracts ‘‘evaded’’
service of the ALJ’s show-cause order (see
Smoore Pet. at 85);
(3) Smoore shall also serve this notice on
Glo Extracts and provide proof of service or
an explanation (and supporting
documentation) why it was unable to serve
this notice;
(4) Whether the Commission should
terminate the investigation as to Glo Extracts
for lack of service or whether the
Commission should find Glo Extracts in
default and issue a remedy as to it.
(5) Whether the Commission should find
Glo Extracts in violation of Section 337, if it
is not found in default, and issue a remedy
against it.
All assertions of facts concerning
service, attempts to serve, and evasion
of service shall be under oath in the
form of an affidavit or declaration.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(1) an 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
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
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upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and cease and desist
orders 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. In
particular, the Commission requests that
the parties respond to the statements on
the public interest received from the
various third parties.
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 determination. 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: The specified
parties are requested to file written
submissions on the questions identified
in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
In its initial submission, Complainant
is also requested to identify the remedy
sought and Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to provide the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. Complainant
is also requested to identify and explain,
from the record, articles that it contends
are ‘‘components thereof and products
containing the same’’ of the subject
products, and thus potentially covered
by the proposed remedial orders, if
imported separately from the subject
products. See 86 FR 62567–69. Failure
to provide this information may result
in waiver of any remedy directed to
‘‘components thereof and products
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containing the same’’ the subject
products, in the event any violation may
be found.
The initial written submissions and
proposed remedial orders must be filed
no later than close of business on May
8, 2023. Reply submissions must be
filed no later than the close of business
on May 15, 2023. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission. Opening submissions
are limited to 50 pages. Reply
submissions are limited to 25 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
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1286) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). 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. Any non-party
wishing to submit comments containing
confidential information must serve
those comments on the parties to the
investigation pursuant to the applicable
Administrative Protective Order. A
redacted non-confidential version of the
document must also be filed with the
Commission and served on any parties
to the investigation within two business
days of any confidential filing. 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
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18:44 Apr 27, 2023
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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.
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 completes
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).
The Commission vote for this
determination took place on April 24,
2023.
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: April 24, 2023.
Lisa Barton,
Secretary to the Commission.
26335
Lupton Complex, located in Weld
County, Colorado. The complaint in this
case, filed previously on July 1, 2020,
seeks injunctive relief and civil
penalties for the defendant’s alleged
failures to monitor and repair leaking
equipment across the three natural gas
processing plants. The consent decree
requires the defendant to perform
injunctive relief to address the alleged
violations, implement mitigation
projects to help offset excess emissions
caused by the alleged violations, and
pay a $3,500,000 civil penalty. The civil
penalty will be split evenly between the
United States and the State of Colorado.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and State of Colorado v.
WES DJ Gathering LLC f/k/a Kerr-McGee
Gathering LLC, D.J. Ref. No. 90–5–2–1–
11710. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ–ENRD, P.O. Box
7611, Washington, DC
20044–7611.
By mail .........
[FR Doc. 2023–08996 Filed 4–27–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On April 20, 2023, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the District of Colorado in the
lawsuit entitled United States and State
of Colorado v. WES DJ Gathering LLC
f/k/a Kerr-McGee Gathering LLC, Civil
Action No. 1:20–cv–01931–RMR–MEH.
The United States and the State of
Colorado jointly filed this proposed
consent decree pursuant to the Clean
Air Act against Defendant WES DJ
Gathering LLC f/k/a Kerr-McGee
Gathering LLC to resolve allegations of
violations of leak detection and repair
requirements at three natural gas
processing plants that the company
owns and operates, known as the Fort
PO 00000
Frm 00087
Fmt 4703
Sfmt 9990
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $25.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–08963 Filed 4–27–23; 8:45 am]
BILLING CODE 4410–15–P
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]]>Agencies
[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26332-26335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08996]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1286]
Certain Oil-Vaping Cartridges, Components Thereof, and Products
Containing the Same Commission Determination To Review in Part a Final
Initial Determination Finding No Violation of Section 337 as to the
Asserted Patent Claims; Request for Written Submissions on Issues Under
Review and on Remedy, the Public Interest, and Bonding as to the
Asserted Trademark
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding chief administrative
law judge (``CALJ''), finding no violation of section 337 as to the
asserted patent claims. On review, the Commission has determined to
find no violation of section 337 as to the asserted patent claims. The
Commission has determined to review all findings and orders as to
Respondent Glo Extracts (``Glo Extracts'') of Los Angeles, California
and requests briefing from the parties as set forth below. The
Commission has also determined to review all findings related to the
asserted trademark. The Commission requests written submissions from
the parties, interested government agencies, and other interested
persons on the issues of remedy, the public interest, and bonding as to
the asserted trademark, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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
[email protected]. 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
[[Page 26333]]
Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On November 10, 2021, the Commission
instituted this investigation based on a complaint filed by Shenzhen
Smoore Technology Limited (``Smoore'' or ``Complainant'') of Shenzhen,
China. 86 FR 62567-69 (Nov. 10, 2021). The complaint alleged violations
of section 337 based on the importation into the United States, the
sale for importation, or the sale within the United States after
importation of certain oil-vaping cartridges, components thereof, and
products containing the same by reason of infringement of one or more
of claims 1-3, 5, and 6 of U.S. Patent No. 10,357,623 (``the '623
patent''); claims 1, 2, and 7 of U.S. Patent No. 10,791,762 (``the '762
patent''); claims 1 and 11 of U.S. Patent No. 10,791,763 (``the '763
patent''); and U.S. Registered Trademark No. 5,633,060 (``the '060
mark''). Id.
The Commission's notice of investigation named the following
entities as respondents: BBTank USA, LLC (``BBTank'') of Lambertville,
Michigan; Glo Extracts; BulkCarts.com of Canton, Michigan; Greenwave
Naturals LLC of Austin, Texas; BoldCarts.com of Tempe, Arizona; Bold
Crafts, Inc. of Irvine, California; Blinc Group Holdings, LLC of New
York, New York; Jonathan Ray Carfield (``Jonathan Carfield''), d/b/a
AlderEgo Wholesale, AlderEgo Holdings, Inc. and AlderEgo Group, Limited
a/k/a AVD Holdings Limited of Guangdong, China; Hanna Carfield (``Hanna
Carfield'') of Tacoma, Washington; Next Level Ventures, LLC (``Next
Level Ventures'') of Seattle, Washington; Advanced Vapor Devices, LLC
(``AVD'') of Los Angeles, California; avd710.com (``avd710.com'') of
Seattle, Washington; AlderEgo Group Limited (``AEG'') of Hong Kong; A&A
Global Imports, Inc. (``A&A Global'') d/b/a Marijuana Packaging of
Vernon, California; Bulk Natural, LLC (``Bulk Natural'') d/b/a True
Terpenes of Portland Oregon; Brand King, LLC (``Brand King'') of
Sacramento, California; ZTCSMOKE USA Inc. (``ZTCSMOKE'') of Niceville,
Florida; headcandysmokeshop.com of Richmond, BC Canada and Head Candy
Enterprise Ltd. of Vancouver. BC Canada (together ``Head Candy'') ;
Green Tank Technologies Corp. of Toronto, ON Canada; Cannary Packaging
Inc (``Cannary Packaging'') of Kelowna, BC Canada; Cannary LA
(``Cannary LA'') of Signal Hill, California; dcalchemy.com and DC
Alchemy, LLC (together ``Alchemy'') both of Phoenix, Arizona;
Cartridgesforsale.com of Ypsilanti, Michigan; HW Supply, LLC of
Ypsilanti, Michigan; International Vapor Group, LLC (``International
Vapor'') of Miami Lakes, Florida; Obsidian Supply, Inc. of Irvine,
California; Ygreeninc.com and Ygreen Inc. (together (``Ygreen'') both
of Walnut, California; Atmos Nation LLC (``Atmos'') of Davie, Florida;
shopbvv.com of Naperville, Illinois; Best Value Vacs, LLC (``Best Value
Vacs'') of Naperville, Illinois; Royalsupplywholesale.com
(``Royalsupplywholesale'') of San Francisco, California;
Customcanabisbranding.com (``Customcanabisbranding'') of San Francisco,
California; CLK Global, Inc. (``CLK'') of San Francisco, California;
iKrusher.com, of Arcadia, California (``iKrusher''); and The Calico
Group Inc. of Austin, Texas. The Office of Unfair Import Investigations
(``OUII'') was also named as a party in this investigation. Id.
On December 16, 2021, the CALJ issued an ID granting a motion to
terminate the investigation as to Head Candy based upon a consent
order. Order No. 9 (Dec. 16, 2021), unreviewed by Comm'n Notice (Jan.
10, 2022). On December 20, 2021, the CALJ issued an ID granting a
motion to terminate the investigation as to ZTCSMOKE based upon a
consent order. Order No. 10 (Dec. 20, 2021), unreviewed by Comm'n
Notice (Jan. 11, 2022). On December 21, 2021, the CALJ issued IDs
granting motions to terminate the investigation as to Alchemy, CLK,
Royalsupplywholesale, and Customcanabisbranding based upon consent
orders. Order Nos. 12 and 13 (Dec. 21, 2021), unreviewed by Comm'n
Notice (Jan. 11, 2022). On January 10, 2022, the CALJ issued an ID
granting a motion to terminate the investigation as to Ygreen based
upon a consent order. Order No. 15 (Jan. 10, 2022), unreviewed by
Comm'n Notice (Feb. 4, 2022). On January 18, 2022, the CALJ issued IDs
granting motions to terminate the investigation as to Cannary Packaging
and Cannary LA based upon consent orders. Order Nos. 16 and 17 (Jan.
18, 2022), unreviewed by Comm'n Notice (Feb. 15, 2022).
On January 21, 2022, the CALJ issued an ID granting a motion to
terminate the investigation as to International Vapor based upon
withdrawal of allegations in the complaint as to International Vapor.
Order No. 17 (Jan. 21, 2022), unreviewed by Comm'n Notice (Feb. 15,
2022). On February 23, 2022, the CALJ issued an ID granting a motion to
(1) amend the complaint and notice of investigation to change the name
of Respondents BoldCarts.com and Bold Crafts, Inc. to Bold Crafts, LLC
d/b/a Bold Carts and BoldCarts.com (``Bold Crafts''); (2) amend the
complaint and notice of investigation to change the name of Respondent
Green Tank Technologies Corp. to Greentank Technologies Corp.
(``Greentank''); (3) amend the complaint and notice of investigation to
change the name of Respondent Blinc Group Holdings, LLC to The Blinc
Group Inc.; and (4) terminate the investigation as to BBTank based upon
withdrawal of allegations in the complaint as to BBTank. Order No. 20
(Feb. 23, 2022), unreviewed by Comm'n Notice (Mar. 18, 2022).
On June 7, 2022, the CALJ issued an ID granting a motion to
terminate the investigation as to Best Value Vacs and shopbvv.com based
upon settlement. Order No. 29 (June 7, 2022), unreviewed by Comm'n
Notice (June 22, 2022). On July 5, 2022, the CALJ issued IDs granting
motions to terminate the investigation as to Atmos, AEG, Hanna
Carfield, and Jonathan Carfield based upon settlement. Order Nos. 33
and 34 (July 5, 2022), unreviewed by Comm'n Notice (Aug. 2, 2022).
The CALJ held an evidentiary hearing from August 1-August 5, 2022
and received post-hearing briefs thereafter.
On January 23, 2023, the CALJ issued an ID finding the following
respondents in default: Cartridgesforsale.com; HW Supply, LLC; Obsidian
Supply, Inc.; BulkCarts.com; and Greenwave Naturals LLC. Order No. 42
(Jan. 23, 2023), unreviewed by Comm'n Notice (Feb. 14, 2023). The CALJ
declined to find respondent Glo Extracts in default because he found
that Glo Extracts was not properly served with the show-cause order. ID
at 8.
On January 31, 2023, the CALJ issued an ID granting a motion to
terminate the investigation as to The Calico group based upon
settlement and a consent order. Order No. 46 (Jan. 31, 2023),
unreviewed by Comm'n Notice (Mar. 3, 2023). Non-defaulting respondents
remaining in the investigation are: The Blinc Group Inc.; Bold Crafts;
Greentank; iKrusher; Next Level Ventures; AVD; avd710.com; Bulk
Natural; Brand King; and A&A Global (collectively, the
``Respondents'').
On February 1, 2023, the CALJ issued the final ID finding no
violation of section 337. The ID found that by appearing and
participating in the investigation, the participating parties (The
Blinc Group Inc.; Bold Crafts, LLC; Greentank Technologies Corp.;
iKrusher, Inc.; Next Level Ventures, LLC; Bulk Natural, LLC; Brand
King, LLC; A&A Global Imports, Inc.) consented to personal jurisdiction
at the Commission. ID at 19. The ID further found that the importation
requirement under 19 U.S.C. 1337(a)(1)(B) is satisfied
[[Page 26334]]
and that the Commission has in rem jurisdiction over the accused
products. Id. at 19-20 (citing JX-0359C ] 3, JX-0375C (Godlewski Depo.)
at 49:5-51:8, JX-0381C ] 3, JX-0380C (Yu Depo.) 47:14-48:1; 48:11-17,
JX-0523C ] 3). The ID found that Smoore failed to show that the accused
products infringe the asserted claims of the '623, '762, and '763
patents. ID at 55-75. The ID also found that the respondents failed to
show that the asserted claims are invalid in view of the cited prior
art. ID at 75-89. The ID further found that the asserted claims of the
'623 patent are invalid as indefinite under 35 U.S.C. 112 and are
unenforceable due to inequitable conduct. ID at 27-29, 89-94. Finally,
the ID found that Smoore failed to prove the existence of a domestic
industry that practices the Asserted Patents as required by 19 U.S.C.
1337(a)(2). Id. at 55-75, 94-102.
The ID included the CALJ's recommended determination on remedy and
bonding (``RD''). The RD recommended, should the Commission find a
violation, issuance of a limited exclusion order and cease and desist
orders. ID/RD at 105-108. The RD also recommended imposing no bond for
covered products imported during the period of Presidential review
because Smoore failed to meet its burden to establish a need for a
bond. Id. at 108-09.
On February 13, 2023, Smoore filed a petition for review of the ID
and Respondents filed a contingent petition for review of the ID. On
February 21, 2023, the parties, including OUII, filed responses to the
petitions.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, the petitions for
review, and the responses thereto, the Commission has determined to
review in part the final ID and orders issued in this investigation.
Specifically, the Commission has determined to review the ID's domestic
industry findings, all findings related to the asserted trademark, and
all findings and orders as to Respondent Glo Extracts. On review, the
Commission has determined to affirm the ID's finding that Smoore failed
to show that its alleged domestic industry products practice any of the
asserted patents. Thus, Smoore has necessarily failed to show the
existence of a domestic industry under section 337(a)(3) as to the
asserted patents and as such the Commission has determined to take no
position on the economic prong of the domestic industry requirement
related to the asserted patents. Accordingly, the Commission finds no
violation with regard to the '623, '762, and '763 patents.
In connection with the '060 mark asserted against the respondents
found in default and Glo Extracts, the Commission requests responses
from Smoore, Glo Extracts, and OUII to the following questions
pertaining to Glo Extracts:
(1) Whether Smoore has been able to serve Glo Extracts with the
Amended Complaint and Notice of Investigation, Smoore's motion for
summary determination, and any of the Orders from this
investigation, including the ALJ's show-cause order;
(2) Smoore shall provide proof of service for any documents
successfully served on Glo Extracts, or if unsuccessful, an
explanation of its attempts to serve Glo Extracts with those
documents, along with supporting evidence, and an explanation of its
statement that Glo Extracts ``evaded'' service of the ALJ's show-
cause order (see Smoore Pet. at 85);
(3) Smoore shall also serve this notice on Glo Extracts and
provide proof of service or an explanation (and supporting
documentation) why it was unable to serve this notice;
(4) Whether the Commission should terminate the investigation as
to Glo Extracts for lack of service or whether the Commission should
find Glo Extracts in default and issue a remedy as to it.
(5) Whether the Commission should find Glo Extracts in violation
of Section 337, if it is not found in default, and issue a remedy
against it.
All assertions of facts concerning service, attempts to serve, and
evasion of service shall be under oath in the form of an affidavit or
declaration.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an 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 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders 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. In particular, the Commission requests that the
parties respond to the statements on the public interest received from
the various third parties.
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 determination. 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: The specified parties are requested to file
written submissions on the questions identified in this notice. Parties
to the investigation, interested government agencies, and any other
interested parties are encouraged to file written submissions on the
issues of remedy, the public interest, and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to provide the HTSUS subheadings under
which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. Complainant is also requested to identify
and explain, from the record, articles that it contends are
``components thereof and products containing the same'' of the subject
products, and thus potentially covered by the proposed remedial orders,
if imported separately from the subject products. See 86 FR 62567-69.
Failure to provide this information may result in waiver of any remedy
directed to ``components thereof and products
[[Page 26335]]
containing the same'' the subject products, in the event any violation
may be found.
The initial written submissions and proposed remedial orders must
be filed no later than close of business on May 8, 2023. Reply
submissions must be filed no later than the close of business on May
15, 2023. No further submissions on these issues will be permitted
unless otherwise ordered by the Commission. Opening submissions are
limited to 50 pages. Reply submissions are limited to 25 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 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1286) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). 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. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. 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 nonconfidential written submissions will be available for public
inspection on EDIS.
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 completes 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).
The Commission vote for this determination took place on April 24,
2023.
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: April 24, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-08996 Filed 4-27-23; 8:45 am]
BILLING CODE 7020-02-P
