November 20, 2003
News Release 03-110
Inv. No. 337-TA-500

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN PURPLE PROTECTIVE GLOVES

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain purple protective gloves. The products at issue in this investigation are made of natural or synthetic rubber and are used primarily for medical and scientific purposes.

The investigation is based on a complaint filed by Kimberly-Clark Corporation of Irving, TX, and Safeskin Corporation of Roswell, GA, on October 23, 2003. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of purple protective gloves that infringe certain registered trademarks owned by Safeskin. The complainant requests that the ITC issue a general exclusion order and permanent cease and desist orders.

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

By instituting this investigation (337-TA-500), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Delbert R. Terrill, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Terrill 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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