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News Release 12-036
Inv. No(s). 337-TA-837
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audiovisual components and products containing the same. The products at issue in this investigation are Wi-Fi components, multimedia processing components, digital televisions (DTVs), Blu-ray players, DVD players/recorders, DTV/DVD combinations, DTV/Blu-ray combinations, multimedia streaming players, home theater systems, etc.
The investigation is based on a complaint filed by LSI Corporation of Milpitas, CA, and Agere Systems Inc. of Allentown, PA, on March 12, 2012. An amended complaint was filed on March 28, 2012. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audiovisual components and products containing the 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:
Funai Electric Company, Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
P&F USA, Inc., of Alpharetta, GA;
Funai Service Corporation of Groveport, OH;
MediaTek Inc. of Taiwan;
MediaTek USA Inc. of San Jose, CA;
MediaTek Wireless, Inc. (USA), of Woburn, MA;
Ralink Technology Corporation of Taiwan;
Ralink Technology Corporation (USA) of Cupertino, CA; and
Realtek Semiconductor Corporation of Taiwan.
By instituting this investigation (337-TA-837), 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.
News Release 12-033
Inv. No(s). 337-TA-836
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronics and display devices and products containing same. The products at issue in this investigation include cellular telephones, personal computers, home theater audio and video components, televisions and gaming and media devices.
The investigation is based on a complaint filed by Graphics Properties Holdings, Inc., of New Rochelle, NY, on March 6, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain consumer electronics and display devices and products containing same that infringe patents asserted by Graphics Properties Holdings, Inc. The complaint requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Research in Motion Ltd. of Canada;
Research in Motion Corp. of Irving, TX;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Apple Inc. of Cupertino, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C., of Richardson, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc. of San Diego, CA;
Sony Ericsson Mobile Communications AB of Sweden; and
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA.
By instituting this investigation (337-TA-836), 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.
News Release 12-032
Inv. No(s). 337-TA-835
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food containers, cups, plates, cutlery, and related items, and packaging thereof.
The investigation is based on a complaint filed by Fabri-Kal Corporation of Kalamazoo, MI, on March 6, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food containers, cups, plates, cutlery, and related items, and packaging thereof, that infringe a registered trademark asserted by Fabri-Kal. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Green Wave International Inc. of Brooklyn, NY;
Trans World International (New York), Inc. of Brooklyn, NY;
John Calarese & Co, Inc. of Medway, MA; and
Eco Greenwares Corporation of Fremont, CA.
By instituting this investigation (337-TA-835), 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.
News Release 12-031
Inv. No(s). 337-TA-834
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 7, 2012. An amended complaint was filed on March 2, 2012 and a letter supplementing the complaint was filed on March 15, 2012. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices incorporating haptics that infringe patents asserted by Immersion Corporation. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Motorola Mobility, Inc., of Libertyville, IL;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
HTC Corporation of Taiwan; and
HTC America, Inc., of Bellevue, WA
By instituting this investigation (337-TA-834), 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.
News Release 12-03
Inv. No(s). 337-TA-833
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same. The products at issue in this investigation are incremental dental positioning adjustment appliances, or orthodontic aligners, and the digital models, digital data, and treatment plans used to manufacture those appliances.
The investigation is based on a complaint filed by Align Technology, Inc., of San Jose, CA, on March 1, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same that infringe patents asserted by Align Technology. The complainant requests that the USITC issue cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clearcorrect Pakistan (Private), Ltd., of Pakistan; and
Clearcorrect Operating, LLC, of Houston, TX.
By instituting this investigation (337-TA-833), 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.
News Release 12-028
Contact: Peg O'Laughlin, 202-205-1819
Deanna Tanner Okun, Chairman of the United States International Trade Commission (USITC), announced today that William E. Dobrzykowski has been designated as Chief Financial Officer at the USITC.
Dobrzykowski will direct the activities of the USITC's Offices of Finance, Budget, and Procurement and serve as the primary adviser to the Commission on all financial matters.
Dobrzykowski brings over 20 years of financial management experience in both the private and public sectors to the position. Prior to his USITC appointment, he held chief financial officer responsibilities with the U.S. Department of Housing and Urban Development (HUD), the Government National Mortgage Association (Ginnie Mae, an agency within HUD), the Federal Savings and Loan Insurance Corporation (FSLIC), and the Federal Home Loan Bank Board, as well as two international non-profit organizations. Earlier in his career, he worked in senior accounting positions with the Securities and Exchange Commission and the Federal Power Commission. In addition to his federal positions, he has served as an executive financial consultant to U.S. government agencies and private sector organizations.
Dobrzykowski holds a bachelor's degree in accounting from the University of Maryland and is a Certified Public Accountant and a Certified Government Financial Manager. He is married to Susan, and they have three children and five grandchildren.
The U.S. International Trade Commission (USITC) is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies. The USITC staff includes experts who analyze virtually every commodity imported into the United States. The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.
News Release 12-022
Inv. No(s). 337-TA-832
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink application devices and components thereof, and methods of using the same. The products at issue in this investigation are ink application devices used in tattooing and permanent makeup application, specifically disposable needle cartridges designed to reduce health risks associated with the application.
The investigation is based on a complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, FL, on January 30, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink application devices and components thereof, and methods of using the 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:
T-Tech Tattoo Device Inc. of Canada;
Yiwu Beyond Tattoo Equipments Co., Ltd. of China; and
Guangzhou Pengcheng Cosmetology Firm of China.
By instituting this investigation (337-TA-832), 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.
News Release 12-021
Inv. No(s). 337-TA-831
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices for capturing and transmitting images and components thereof. The products at issue in this investigation are camera phones, tablet computers, and other handheld devices for capturing and transmitting images.
The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, on January 10, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices for capturing and transmitting images and components thereof that infringe patents asserted by Kodak. 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:
Apple Inc., of Cupertino, CA;
High Tech Computer Corp. a/k/a HTC Corp., of Taiwan;
HTC America, Inc., of Bellevue, WA; and
Exedea, Inc., of Houston, TX.
By instituting this investigation (337-TA-831), 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.
News Release 12-020
Inv. No(s). 332-529
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).
The investigation, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2011 Review of Additions and Competitive Need Limitation Waivers (Investigation No. 332-529), was requested by the U.S. Trade Representative (USTR).
The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on March 30, 2012. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on March 12, 2012, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. In the event that no requests to appear at the hearing are received by the close of business on March 12, 2012, the hearing will be canceled. For further information, please call 202-205-2595.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on April 4, 2012.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the likely impact on competing U.S. industries of the addition of the following Harmonized Tariff Schedule (HTS) subheadings:
For all GSP-eligible countries:
- 3923.21.00 (sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene).
For least-developed beneficiary developing countries (LDBDC):
- 5201.00.18 (cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi),
- 5201.00.22 (cotton, not carded or combed, staple length 28.575 mm or more but under 34.925 mm, described in gen. note 15),
- 5201.00.24 (cotton,/carded or combed, harsh or rough, staple length 29.36875 mm or more but n/o 34.925 mm, white in color, quota described in chapter 52 add'l US note 6),
- 5201.00.28 (cotton, not carded or combed, harsh or rough, staple length of 29.36875 mm or more but under 34.925 mm & white in color, nesoi),
- 5201.00.34 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, other, quota described in chapter 52 add'l US note 7),
- 5201.00.38 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi),
- 5202.91.00 (cotton garnetted stock),
- 5202.99.30 (Cotton card strips made from cotton waste having staple length under 30.1625 mm & lap, sliver & roving waste, nesoi),
- 5203.00.05 (cotton fibers, carded or combed, of cotton fiber processed but not spun, described in gen. note 15),
- 5203.00.10 (cotton fibers, carded or combed, of cotton fiber processed but not spun, quota described in chapter 52 add'l US note 10),
- 5203.00.30 (cotton fibers, carded or combed, of cotton fiber processed, but not spun, nesoi), and
- 5203.00.50 (cotton carded or combed, excluding fibers of cotton processed but not spun).
The USITC also will provide advice on the likely impact on competing U.S. industries of competitive need limitation waivers on the following 9 HTS subheadings for certain countries:
- 1602.50.20 (prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables) from Argentina,
- 2840.19.00 (disodium tetraborate (refined borax) except anhydrous) from Turkey,
- 2921.19.60 (other acyclic monoamines and their derivatives) from Philippines,
- 2922.41.00 (lysine and its esters and salts thereof) from Brazil,
- 3307.41.00 ("agarbatti" and other odoriferous preparations which operate by burning, to perfume or deodorize rooms or used during religious rites) from India,
- 4015.19.10 (seamless gloves of vulcanized rubber other than hard rubber, other than surgical or medical gloves) from Thailand,
- 7606.12.30 (aluminum alloy, plates/sheets/strip, w/thick. o/0.2mm, rectangular (inc. sq), not clad) from Indonesia,
- 8415.90.80 (parts for air conditioning machines, nesi) from Thailand, and
- 8708.30.50 (pts. & access. of mtr. vehicles of 8701, nesoi, and 8702-8705, brakes and servo-brakes & pts thereof) from India.
The USITC will submit its confidential report to USTR by May 14, 2012. As soon as possible thereafter, the USITC, as requested by USTR, will issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-019
Inv. No(s). 337-TA-830
Contact: Peg O'Laughlin, 202-205-1819
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.