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notice Published 2026-03-13

Certain Disposable Vaporizer Devices; Notice of Final Commission Determination of No Violation; Termination of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: This ITC decision found no Section 337 violation involving certain disposable vaporizer devices and terminated the investigation, so no exclusion or import ban results from this case.

What changed: According to the notice, the Commission reversed the administrative law judge's violation findings and determined that the asserted patent claims (claims 4 and 12, and claim 1 on which they depend) of U.S. Patent No. 11,925,202 are invalid as obvious. The notice states the Commission found no violation of Section 337 and terminated the investigation, while taking no position on the domestic industry economic prong.

Who's affected: The notice names certain disposable vaporizer devices as the subject articles. It does not specify HTS chapters, codes, or countries of origin. Importers dealing in vaporizer devices may find the outcome relevant, since a no-violation termination means no import exclusion order arises from this specific investigation.

What to review:
- Review whether your products were connected to this specific investigation or the 202 patent.
- Confirm with your broker or trade counsel whether any separate ITC orders, patents, or investigations may still affect vaporizer imports.
- Check the full Commission opinion for the precise scope and claims addressed.
- Confirm current classification and admissibility questions independently, since this notice does not address tariffs or duties.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to reverse the violation findings of the final initial determination ("FID") issued by the presiding administrative law judge ("ALJ") in this investigation and find that asserted claims 4 and 12, and claim 1 on which they depend, of U.S. Patent No. 11,925,202 ("the 202 patent") are invalid as obvious under 35 U.S.C. 103 ("section 103"), and thus there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("section 337"). The Commission has also determined to take no position on whether the complainants satisfied the economic prong of the domestic industry requirement. The Commission otherwise adopts the findings of the FID to the extent they do not conflict with the attached opinion, with some modifications to supplement its finding that claims 4 and 12 are not anticipated under 35 U.S.C. 102 ("section 102"). This investigation is hereby terminated with a finding of no violation.
Source: Federal Register · International Trade Commission · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.