July 10, 2013
News Release 13-064
Inv. No. 337-TA-886
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN TV PROGRAMS, LITERARY WORKS FOR TV PRODUCTION
AND EPISODE GUIDES PERTAINING TO SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain TV programs, literary works for TV production and episode guides pertaining to same. The products at issue in this investigation are episodes of the television show Mr. Young.
The investigation is based on a complaint filed by E.T. Radcliffe, LLC, of Dallas, TX, and Emir Tiar of Coto De Caza, CA, on June 7, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain TV programs, literary works for TV production and episode guides pertaining to same that infringe copyrights asserted by the complainants. The complaint also alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale after importation of certain TV programs, literary works for TV production and episode guides pertaining to same, by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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:
The Walt Disney Company of Burbank, CA;
Thunderbird Films, Inc. of Los Angeles, CA; and
Mindset Television, Inc. of Vancouver Canada.
By instituting this investigation (337-TA-886), 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 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.