The investigation is based on a complaint filed by Leisure Concepts, Inc., of Spokane, WA, on February 20, 2008. The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain spa cover lift frames that infringe a patent owned by Leisure Concepts, Inc. The complainant requests that the ITC issue an exclusion order and a cease and desist order.
The ITC has identified the following as respondents in this investigation:
Kokido, Ltd., of Hong Kong;
SPARCO, Ltd., a/k/a SPARCO Buying Group or SPARCO Distribution Network of Albany, NY;
ACE Swim Service of Chili, Inc., of Rochester, NY;
Glaser Enterprises, Inc., of Virginia Beach, VA;
Islander Pool and Spas, Inc., of Albany, NY; and
Pool Mart, Inc., of Depew, NY.
By instituting this investigation (337-TA-639), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Theodore R. Essex, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Essex 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 U.S. Trade Representative within that 60-day period.