January 3, 2013
News Release 13-001
Inv. No(s). 337-TA-862
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including certain wireless communication devices, tablet computers, media players, and televisions, and components thereof. The products at issue in this investigation are various smartphones, along with base stations, 802.11-compliant televisions and Blu-Ray players, and tablet computers.

The investigation is based on a complaint filed by Ericsson Inc. of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on November 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 electronic devices, including wireless communication devices, tablet computers, media players, and televisions, and components thereof 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:

Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America LLC of Richardson, TX; and
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea.

By instituting this investigation (337-TA-862), 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.

# # #
January 9, 2013
News Release 13-004
Inv. No(s). 332-531
Contact: Peg O'Laughlin, 202-205-1819
Digital Trade Will Be Focus of Two New USITC Investigations

The U.S. International Trade Commission (USITC) has launched the first of two investigations into the role of digital trade in the U.S. and global economies.

The investigations were requested by the Committee on Finance, U.S. Senate, in a letter received on December 14, 2012.

In its letter requesting the investigations, the Committee stated: "Digital trade has increased rapidly in recent years and is an increasingly important activity within the global economy. ....[P]olicymakers are facing unprecedented challenges as they seek to ensure that digital trade remains open while producers' and consumers' data remain secure."

As requested, the USITC will deliver two reports to the Committee.

The first report, Digital Trade in the U.S. and Global Economies, Part I, will:

 

  • describe U.S. digital trade in the context of the broader economy;
  • examine cross-border digital trade and its relationship to other cross-border transactions
    (e.g., foreign direct investment);
  • describe notable barriers and impediments to digital trade; and
  • outline potential approaches for assessing the linkages and contributions of digital trade to the U.S. economy, noting any challenges associated with data gaps and limitations.

     

The USITC expects to deliver the first report to the Committee by July 14, 2013.

The second report will build on the first report to:

 

  • estimate the value of U.S. digital trade and the potential growth of this trade;
  • examine the broader linkages and contributions of digital trade to the U.S. economy;
  • present case studies that examine the importance of digital trade to selected U.S. industries that use or produce such goods and services; and
  • examine the effect of notable barriers to digital trade on selected industries and the broader U.S. economy.

     

The second report will be delivered to the Committee by July 2014. More details on the second study will be available when it is instituted.

For the purposes of the report, "digital trade" encompasses commerce in products and services delivered over digital networks. Examples include software, digital media files (e.g., e-books and digital audio files), and services such as data processing and hosting. The report will also examine how other industries, such as financial services and retailing, make use of digital products and services for production and trade.

The USITC will hold a public hearing in connection with these investigations at 9:30 a.m. on March 7, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on February 21, 2013, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record. Written submissions for the first investigation should be addressed to the Secretary at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on March 14, 2013. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigation, dated January 8, 2013, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

USITC general factfinding investigations, such as these, 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, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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January 16, 2013
News Release 13-006
Inv. No(s). 701-TA-487 and 731-TA-1198 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Steel Wire Garment Hangers from Vietnam Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of steel wire garment hangers from Vietnam that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC's affirmative determination, Commerce will issue antidumping and countervailing duty orders on imports of this product from Vietnam.

The Commerce Department previously made affirmative critical circumstances determinations with regard to imports of this product from Vietnam. Therefore, the Commissioners who made affirmative injury determinations today are required to determine whether these imports are likely to undermine seriously the remedial effect of the orders Commerce will issue. All six Commissioners made negative determinations with regard to critical circumstances in these investigations. As a result, the orders concerning these imports will not apply to goods that entered the United States from Vietnam prior to the dates of the Department of Commerce's affirmative preliminary determinations.

The Commission's public report Steel Wire Garment Hangers from Vietnam (Investigation Nos. 701-TA-487 and 731-TA-1198 (Final), USITC Publication 4371, January 2013) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after February 18, 2013, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

 


 

 

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

 

FACTUAL HIGHLIGHTS
Steel Wire Garment Hangers from Vietnam
Investigation Nos. 701-TA-487 and 731-TA-1198 (Final)

 

Product Description: Steel wire garment hangers are garment hangers fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and/or whether or not fashioned with paper covers or capes (with or without printing) and/or nonslip features such as saddles or tubes. Steel wire garment hangers in this instance specifically exclude wooden, plastic, and other garment hangers that are not made of steel wire; steel wire garment hangers with swivel hooks; steel wire garment hangers with clips permanently affixed; and chrome-plated steel wire garment hangers with a diameter of 3.4mm or greater. Steel wire garment hangers are principally used by the drycleaning, industrial laundry and uniform rental industries for draping clothes and textiles.

 

Status of Proceedings:

1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners:  M&B Metal Products Company, Inc., Leeds, AL; Innovative Fabrication LLC /
       Indy Hanger, Indianapolis, IN; and US Hanger Company, LLC, Gardena, CA. 
3. Investigations instituted by USITC:  December 29, 2011.
4. USITC hearing: October 24, 2012.
5. USITC vote: January 16, 2013.
6. USITC notification of Department of Commerce: January 28, 2013.


U.S. Industry:

1. Number of U.S. producers in 2011:  6.
2. Location of producers' plants:  Alabama, California, Indiana, Nebraska, Puerto Rico, and
       Texas. 
3. Employment of production and related workers in 2011: (1)
4. U.S. producers' U.S. shipments in 2011:  (1)
5. Apparent U.S. consumption in 2011:  (1) 
6. Ratio of subject imports to apparent U.S. consumption in 2011: (1)

U.S. Imports in 2011:
                                                            
1. From the subject countries during 2011: $2.5 million from Taiwan and $36.2 million from
       Vietnam.
2. From other countries during 2011:  $43.5 million.
3. Leading sources during 2011: Vietnam, Mexico, and China (in terms of total value).

 

(1) Withheld to avoid disclosure of business proprietary information.

# # #
January 18, 2013
News Release 13-007
Inv. No(s). 332-538
Contact: Peg O'Laughlin, 202-205-1819
USITC Begins Investigation Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review of Additions and Competitive Need Limitation Waivers

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, 2012 Review: Additions and Competitive Need Limitation Waivers, was requested by the U.S. Trade Representative (USTR).

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 10 Harmonized Tariff Schedule (HTS) subheadings to the list of articles eligible for the GSP. The HTS subheadings being considered for additions are: 0603.11.00 or 0603.11.0010, 0603.11.0030, 0603.11.0060 (sweetheart, spray, and other roses, fresh cut); 0710.80.97 or 0710.80.9722, 0710.80.9724, 0710.80.9726 (vegetables not elsewhere specific or included, uncooked or cooked by steaming or boiling in water, frozen, reduced in size or the 3 existing 10 digit lines for broccoli); 2005.99.80 (artichokes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen); and 7408.19.0030 (refined copper, wire, with maximum cross-sectional dimension of 6 mm or less).

The USITC also will provide advice on the likely impact on competing U.S. industries of competitive need limitation waivers on 12 HTS subheadings for certain countries. "Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $155 million.

The HTS subheadings being considered for competitive need limitation waivers are: 0410.00.00 (edible products of animal origin, not elsewhere specified or included) from Indonesia; 0603.13.00 (orchids: cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared) from Thailand; 1102.90.25 (rice flour) from Thailand; 2106.90.99 (food preparations not elsewhere specified or included, not canned or frozen) from Thailand; 6911.10.37 (porcelain or china (other than bone china) household table & kitchenware in sets in which aggregate value of articles is over $56 but not over $200) from Indonesia; 7202.21.50 (ferrosilicon containing by weight more than 55% but not more than 80% of silicon, not elsewhere specified or included) from Russia; 7202.30.00 (ferrosilicon manganese) from Georgia; 7202.99.20 (calcium silicon ferroalloys) from Brazil; 7307.21.50 (stainless steel, not cast, flanges for tubes/pipes, not forged or forged and machined, tooled and otherwise processing after forging) from India; 7307.91.50 (iron or steel (other than stainless), not cast, flanges for tubes/pipes, not forged or forged and machined, tooled and processed after forging) from India; 7408.29.10 (copper wire, coated or plated with metal) from Thailand; and 9506.70.40 (ice skates with footwear permanently attached) from Thailand.

The USITC will submit its confidential report to USTR by April 8, 2013. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for its 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 February 27, 2013. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on February 11, 2013, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

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 March 4, 2013.

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.

# # #
January 22, 2013
News Release 13-009
Inv. No(s). 337-TA-863
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation On Certain Paper Shredders, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same and Certain Parts Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain paper shredders, certain processes for manufacturing or relating to same, and certain products containing same and certain parts thereof. The products at issue in this investigation are shredders used to destroy documents and other paper goods.

The investigation is based on a complaint filed by Fellowes, Inc., of Itasca, IL, and Fellowes Office Products (Suzhou) Co., Ltd., of Suzhou, China, on December 20, 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 paper shredders, certain processes for manufacturing or relating to same, and certain products containing same and certain parts thereof that infringe patents asserted by the complainants. The complaint also alleges misappropriation of trade secrets. 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:

New United Co. Group Ltd. of Changzhou, Jiangsu, China;
Jiangsu New United Office Equipments Co. Ltd. of Yaoguan, Jiangsu Province, China;
Shenzhen Elite Business Office Equipment Co. Ltd. of Shenzhen City, Guangdong Province, China;
Elite Business Machines Ltd. of Mong Kok, Kowloon, Hong Kong Special Administrative Region, China;
New United Office Equipment USA, Inc., of Northbrook, IL;
Jiangsu Shinri Machinery Co. Ltd. of Changzhou, Jiangsu Province, China;
Zhou Licheng of Changzhou City, Jiangsu Province, China;
Randall Graves of Changzhou City, Jiangsu Province, China; and
"Jessica" Wang Chongge of Xi'an City, Shaanzi Province, China.

By instituting this investigation (337-TA-863), 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.

# # #
January 23, 2013
News Release 13-010
Inv. No(s). 701-TA-488 and 731-TA-1199-1200 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Certain Large Residential Washers from Korea and Mexico Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain large residential washers from Korea that the U.S. Department of Commerce (Commerce) has determined are subsidized and from Korea and Mexico that Commerce has determined are sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC's affirmative determinations, Commerce will issue a countervailing duty order on imports of these products from Korea and antidumping duty orders on imports of these products from Korea and Mexico.

The Commission's public report Certain Large Residential Washers from Korea and Mexico (Investigation Nos. 701-TA-488 and 731-TA-1199-1200 (Final), USITC Publication 4378, February 2013) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after March 1, 2013, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

 


 

 

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

 

FACTUAL HIGHLIGHTS

Large Residential Washers from Korea and Mexico
Investigation Nos. 701-TA-488 and 731-TA-1199-1200 (Final)

 

Product Description: Large residential washers (LRWs) are appliances that remove soil from fabric, using water and detergent as the principal cleaning agents. All units feature wash, rinse, and spin cycles; have a cabinet width of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm); and feature a rotational axis that is either vertical or horizontal. Further, all LRWs feature a metal drum or basket into which laundry is loaded, a plastic tub that holds water, a motor, a pump, and a user interface and control unit to set wash cycles.

 

Status of Proceedings:

1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: Whirlpool Corporation, Benton Harbor, MI.
3. Investigation instituted by USITC: December 30, 2011.
4. USITC hearing: December 11, 2012.
5. USITC vote: January 23, 2013.
6. USITC notification of Department of Commerce: February 8, 2013.


U.S. Industry:

1. Number of U.S. producers in 2011: 4.
2. Location of producers' plants: Ripon, Wisconsin; Louisville, Kentucky; Groveport and
       Clyde, Ohio.
3. Employment of production and related workers in 2011: (1)        
4. U.S. producers' U.S. shipments in 2011:  (1)
5. Apparent U.S. consumption in 2011:  (1) 
6. Ratio of subject imports to apparent U.S. consumption in 2011: (1)


U.S. Imports in 2011:

1. From the subject countries during 2011: $1.0 billion.
2. From other countries during 2011:  $155 million.
3. Leading sources during 2011: Korea and Mexico (in terms of total value).

 

(1) Withheld to avoid disclosure of business proprietary information.

# # #
January 25, 2013
News Release 13-011
Inv. No(s). 337-TA-865
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Balloon Dissection Devices and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain balloon dissection devices and products containing same. The products at issue in this investigation are used by surgeons in performing laparoscopic hernia repair.

The investigation is based on a complaint filed by Covidien LP of Mansfield, MA, on December 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 balloon dissection devices and products containing same that infringe a patent asserted by Covidien. 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:

Pajunk Medizintechnik GmbH of Geisingen, Germany;
Pajunk Medizintechnologie GmbH of Geisingen, Germany; and
Pajunk Medical Systems L.P. of Norcross, GA.

By instituting this investigation (337-TA-865), 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.

# # #
January 25, 2013
News Release 13-013
Inv. No(s). 337-TA-867
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Cases for Portable Electronic Devices

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cases for portable electronic devices. The products at issue in this investigation are protective cases that are used to protect handheld portable electronic devices.

The investigation is based on a complaint filed by Speculative Product Design, LLC, of Mountain View, CA, on December 26, 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 cases for portable electronic devices that infringe a patent asserted by the complainant. 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:

En Jinn Industrial Co. Ltd. of New Taipei City, Taiwan;
Shengda Huanqiu Shijie of Shenzhen, China;
Global Digital Star Industry, Ltd., of Shenzhen City, China;
JWIN Electronics Corp., d/b/a iLuv, of Port Washington, NY;
Project Horizon, Inc., of Jacksonville, FL;
Superior Communications, Inc., d/b/a PureGear, of Irwindale, CA; and
Jie Sheng Technology of Tainan City, Taiwan.

By instituting this investigation (337-TA-867), 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.

# # #
January 25, 2013
News Release 13-014
Inv. No(s). 337-TA-864
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Mobile Handsets and Related Touch Keyboard Software

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile handset devices and related touch keyboard software. The products at issue in this investigation are smartphones and associated touch keyboard software that permits a user to input information with increased speed and/or accuracy.

The investigation is based on an amended complaint filed by Nuance Communications, Inc.; Swype, Inc; Tegic Communications, Inc.; and ZI Corporation of Canada, Inc., all of Burlington, MA, on January 11, 2013. A supplement to the amended complaint was filed on January 16, 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 mobile handset devices and related touch keyboard software 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:

Shanghai HanXiang (Coo Tek) Information Technology Co., Ltd., of Shanghai, China; and
Personal Communications Devices, LLC, of Hauppauge, NY.

By instituting this investigation (337-TA-864), 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.

# # #
January 31, 2013
News Release 13-015
Inv. No(s). 337-TA-868
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices with 3G and/or 4G capabilities and components thereof. The products at issue in this investigation are cellular mobile telephones including smartphones, cellular PC cards, cellular USB dongles or sticks, personal computers such as laptops, notebooks, netbooks, tablets and other mobile internet devices with cellular capabilities, cellular access points or "hotspots" and cellular modems.

The investigation is based on a complaint filed by InterDigital Communications, Inc., of King of Prussia, PA; InterDigital Technology Corporation of Wilmington, DE; IPR Licensing, Inc., of Wilmington, DE; and InterDigital Holdings, Inc., of Wilmington, DE; January 2, 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 wireless devices with 3G and/or 4G capabilities and components thereof 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:

Samsung Electronics Co., Ltd., of Suwon-city, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
Nokia Corporation of Espoo, Finland;
Nokia Inc. of White Plains, NY;
ZTE Corporation of Shenzhen, Guangdong Province, China;
ZTE (USA) Inc. of Richardson, TX;
Huawei Technologies Co., Ltd., of Shenzhen, Guangdong Province, China;
Huawei Device USA, Inc., of Plano, TX; and
FutureWei Technologies, Inc., d/b/a Huawei Technologies (USA) of Plano, TX.

By instituting this investigation (337-TA-868), 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.

# # #