February 22, 2012
News Release 12-019
Inv. No. 337-TA-830
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN DIMMABLE COMPACT FLUORESCENT LAMPS
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dimmable compact fluorescent lamps and products containing same. The products at issue in this investigation are dimmable compact fluorescent lamps (CFLs), which are light bulbs that function as direct replacements for dimmable incandescent light bulbs.
The investigation is based on an amended complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on February 8, 2012. An original complaint was filed on January 23, 2012. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dimmable compact fluorescent lamps and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK America, Inc., d/b/a Maxlite, of Fairfield, NJ;
U Lighting America Inc. of San Jose, CA;
Golden U Lighting Manufacturing (Shenzhen) Co. Ltd. of China;
Feit Electric Company, Inc., of Pico Rivera, CA;
General Electric Company of Fairfield, CT;
Xiamen Topstar Lighting Co. Ltd. of China;
Technical Consumer Products, Inc., of Aurora, OH;
TCP China of China;
TCP (Shanghai) Tiancanbao Lighting Electrical Applicance Co., Ltd., of China;
Shanghai Jensing Electron Electrical Equipment Co., Ltd., of China;
Shanghai Qiangling Electronics Co. Ltd. of China; and
Zhejiang Qiang Ling Electronic Co. Ltd. of China.
By instituting this investigation (337-TA-830), 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 six 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.