March 22, 2013
News Release 13-031
Inv. No. 337-TA-874
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN PRODUCTS HAVING LAMINATED PACKAGING,
LAMINATED PACKAGING, AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain products having laminated packaging, laminated packaging, and components thereof. At issue in this investigation are products with laminated packaging including certain alcoholic beverages, electronics, personal healthcare products and toy products.
The investigation is based on a complaint filed by Lamina Packaging Innovations LLC of Longview, TX, on February 20, 2013. An amended complaint was filed on March 12, 2013. 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 products having laminated packaging, laminated packaging, and components thereof that infringe patents asserted by Lamina Packaging Innovations. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Remy Cointreau USA, Inc. of New York, NY;
Pernod Ricard USA LLC of New York, NY;
John Jameson Import Company of Purchase, NY;
Moet Hennessy USA of New York, NY;
Champagne Louis Roederer of Reims, France;
Maisons Marques & Domaines USA Inc. of Oakland, CA;
Freixenet USA of Sonoma, CA;
L'Oreal USA, Inc. of New York, NY;
Hasbro, Inc. of Pawtucket, RI;
Cognac Ferrand USA, Inc. of New York, NY;
WJ Deutsch & Son of White Plains, NY;
Diageo North America, Inc. of Norwalk, CT;
Sidney Frank Importing Co., Inc. of New Rochelle, NY;
Beats Electronics LLC of Santa Monica, CA; and
Camus Wines & Spirits Group of Cognac, France.
By instituting this investigation (337-TA-874), 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 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.