September 20, 2013
News Release 13-092
Inv. No. 337-TA-895
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multiple mode outdoor grills and parts thereof. The products at issue in this investigation are multiple-mode outdoor grills that enable a user to cook food using either a gas-based fuel or a solid fuel such as charcoal or wood, or use both modes simultaneously.
The investigation is based on a complaint filed by A&J Manufacturing LLC of St. Simons, GA and A&J Manufacturing, Inc. of Green Cove Springs, FL on August 21, 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 multiple mode outdoor grills and parts thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
The Brinkman Corporation of Dallas, TX;
W.C. Bradley Co. of Columbus, GA;
GHP Group, Inc. of Morton Grove, IL;
Kamado Joe Company of Duluth, GA;
Outdoor Leisure Products, Inc. of Neosho, MO;
Rankam Group of Gardena, CA;
Academy Ltd., d/b/a Academy Sports and Outdoors, of Katy, TX;
HEB Grocery Company, LP, d/b/a H-E-B, of San Antonio, TX;
Kmart Corporation of Hoffman Estates, IL;
Sears Brands Management Corporation of Hoffman Estates, IL;
Sears Holdings Corporation of Hoffman Estates, IL;
Sears, Roebuck & Company of Hoffman Estates, IL;
Tractor Supply Company of Brentwood, TN;
Guangdong Canbo Electrical Co., Ltd. of Foshan City, Guangdong Province, China;
Chant Kitchen Equipment (HK), Ltd. of Hong Kong, China;
Dongguan Kingsun Enterprises Co., Ltd. of Dongguan City, China;
Zhejiang Fudeer Electric Appliance Co., Ltd. of Zhejiang Province, China;
Ningbo Huige Outdoor Products Co., Ltd. of Fenghua City, Zhejiang Province, China;
Keesung Manufacturing Co., Ltd. of Panyu, Guangzhou, China;
Ningbo Spring Communication Technologies Co. Ltd. of Ningbo Zhejiang, China; and
Wuxi Joyray International Corp. of Wuxi, Jiangsu, China.
By instituting this investigation (337-TA-895), 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.