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Patent infringement

June 27, 2016

News Release 16-079

Inv. No(s). 337-TA-1011

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Inkjet Printers, Printheads, and Ink Cartridges, Components Thereof, and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same.  The products at issue in the investigation are printers and print systems and components thereof, including printheads and ink cartridges.

The investigation is based on a complaint filed by HP Inc. of Palo Alto, CA, on May 27, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Memjet, Ltd., of Dublin, Ireland;
Memjet US Services, Inc., of San Diego, CA;
Memjet Home and Office, Inc., of Eagle, ID;
Memjet North Ryde Pty Ltd. of North Ryde, New South Wales, Australia;
Memjet Technology Ltd. of Dublin, Ireland;
Memjet Holdings Ltd. of Dublin, Ireland;
Afinia LLC of Chanhassen, MN;
Astro Machine Corporation of Elk Grove Village, IL;
Colordyne Technologies, LLC, of Brookfield, WI;
Formax Technologies, Inc., of Dover, NH;
Neopost USA, Inc. (d/b/a Neopost Northwest, Neopost Northeast, Neopost Priority Systems, and/or Neopost Southeast) of Milford, CT;
Printware LLC of Eagan, MN;
VIPColor Technologies USA, Inc., of Newark, CA;
ABC Office (d/b/a Brent Barlow) of Kaysville, UT;
All for Mailers, Inc., of Feasterville, PA;
Fernqvist Labeling Solutions, Inc., of Mountain View, CA;
Information Management Services LLC (d/b/a MyBinding.com) of Hillsboro, OR;
JMP Business Systems, Inc., of Clovis, CA;
Mono Machines LLC of New York, NY;
Ordway Corporation (d/b/a Print & Finishing Solutions) of Placentia, CA;
Pacific Barcode, Inc., of Temecula, CA;
Pacific Code & Label, Inc., of Portland, OR;
Parts Now! LLC of Madison, WI;
Trademark Copysystems Inc. (d/b/a Addrex – Addresser Sales Company) of Cleveland, OH; and
Vivid Data Group LLC of Dallas, TX.

By instituting this investigation (337-TA-1011), 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.

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June 20, 2016

News Release 16-076

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, semiconductor device packages, and products containing same.  The products at issue in the investigation are semiconductor devices, semiconductor device packages, mobile devices, set-top boxes, gateways, modems, routers, Ethernet switches, network routing equipment, and infrastructure equipment for telecommunications, cable, networking, and cloud and enterprise systems.

The investigation is based on a complaint filed by Tessera Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San Jose, CA, on May 23, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, semiconductor device packages, and products containing the same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Broadcom Limited of Singapore;
Broadcom Corporation of Irvine, CA;
Avago Technologies Limited of Singapore;
Avago Technologies U.S. Inc. of San Jose, CA;
Arista Networks, Inc. of Santa Clara, CA;
ARRIS International plc of Suwanee, GA;
ARRIS Group, Inc. of Suwanee, GA;
ARRIS Technology, Inc. of Horsham, PA;
ARRIS Enterprises LLC of Suwanee, GA;
ARRIS Solutions, Inc. of Suwanee, GA;
Pace Ltd. of West Yorkshire, England;
Pace Americas, LLC of Boca Raton, FL;
Pace USA, LLC of Boca Raton, FL;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Comcast Cable Communications, LLC of Philadelphia, PA;
Comcast Cable Communications Management, LLC of Philadelphia, PA;
Comcast Business Communications, LLC of Philadelphia, PA;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc. of Bellevue, WA;
NETGEAR, Inc. of San Jose, CA;
Technicolor S.A. of Issy-Les-Moulineaux, France;
Technicolor USA, Inc. of Indianapolis, IN; and
Technicolor Connected Home USA LLC of Indianapolis, IN.

By instituting this investigation (337-TA-1010), 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.

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June 20, 2016

News Release 16-075

Inv. No(s). 337-TA-1009

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Inflatable Products with Tensioning Structures and Processes for Making the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inflatable products and processes for making the same.  The products at issue in the investigation are inflatable products, such as air mattresses, with internal tensioning structures that help maintain the intended shape of the product.

The investigation is based on a complaint filed by Intex Recreation Corp. of Long Beach, CA, and Intex Marketing Ltd. of Road Town, Tortola, British Virgin Islands, on May 19, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inflatable products and processes for making the same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Bestway (USA) Inc. of Phoenix, AZ;
Bestway Global Holdings, Inc., of Shanghai, Peoples Republic of China;
Bestway (Hong Kong) Intemational, Ltd., of Kowloon, Hong Kong;
Bestway Inflatables & Materials Corporation of Shanghai, Peoples Republic of China; and
Bestway (Nantong) Recreation Corp. of Nantong, Jiangsu, Peoples Republic of China.

By instituting this investigation (337-TA-1009), 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.

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June 20, 2016

News Release 16-073

Inv. No(s). 337-TA-1007

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters, components thereof, and packaging and manuals therefor.  The products at issue in the investigation are Respondents’ self-balancing, electric vehicles for carrying a person.

The investigation is based on a complaint filed by Segway Inc., of Bedford, NH; DEKA Products Limited Partnership, of Manchester, NH; and Ninebot (Tianjin) Technology Co., Ltd., of Tianjin, China, on May 18, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain personal transporters, components thereof, and packaging and manuals therefor that infringe patents and trademarks asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Inventist, Inc., of Camas, WA;
PhunkeeDuck, Inc., of Floral Park, NY;
Razor USA LLC, of Cerritos, CA;
Swagway LLC, of South Bend, IN;
Segaway, of Studio City, CA; and
Jetson Electric Bikes LLC, of New York, NY.

By instituting this investigation (337-TA-1007), 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.

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June 13, 2016

News Release 16-068

Inv. No(s). 337-TA-1006

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Passenger Vehicle Automotive Wheels

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain passenger vehicle automotive wheels.  The products at issue in the investigation are automotive wheels with certain designs and/or trademarks that are used with Mercedes-Benz automobiles.

The investigation is based on a complaint filed by Daimler AG of Stuttgart, Germany, on April 11, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain passenger vehicle automotive wheels that infringe patents and trademarks asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

A-Z Wheels LLC d/b/a UsaRim/UsaRim.com/Eurotech Wheels of San Diego, CA;
Galaxy Wheels & Tires, LLC, of San Diego, CA;
Infobahn International, Inc., d/b/a Infobahn/Eurotech/Eurotech Luxury Wheels/Eurotech Wheels/UsaRim of San Diego, CA;
Amazon.com, Inc., of Seattle, WA;
A Spec Wheels & Tires LLC d/b/a A SPEC Wheels & Tires of Hayward, CA;
American Tire Distributors Holdings, Inc., of Huntersville, NC;
American Tire Distributors, Inc., of Huntersville, NC;
Onyx Enterprises Int’l, Corp. d/b/a CARiD.COM of Cranbury, NJ;
O.E. Wheel Distributors, LLC, of Sarasota, FL;
Powerwheels Pro, LLC, of Waterford, MI; and
Trade Union International, Inc. d/b/a Topline of Montclair, CA.

By instituting this investigation (337-TA-1006), 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.

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June 9, 2016

News Release 16-066

Inv. No(s). 337-TA-1005

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain L-tryptophan, L-tryptophan products, and their methods of production.  The products at issue in the investigation are L-tryptophan and L-tryptophan products used as a supplement to animal feed or as a nutritional supplement for humans.

The investigation is based on a complaint filed by Ajinomoto Co., Inc., of Tokyo, Japan, and Ajinomoto Heartland Inc. of Chicago, IL, on May 10, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain L-tryptophan, L-tryptophan products, and their methods of production 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:

CJ CheilJedang Corp. of Seoul, Republic of Korea;
CJ America, Inc. of Downers Grove, IL; and
PT CheilJedang Indonesia of Jakarta, Indonesia.

By instituting this investigation (337-TA-1005), 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.

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June 7, 2016

News Release 16-064

Inv. No(s). 337-TA-1004

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof.  The products at issue in the investigation are smartphones and laptops.   

The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on May 5, 2016 and supplements thereto.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof that infringe patents asserted by the complaint.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Apple Inc. of Cupertino, CA; and
AT&T Mobility LLC of Atlanta, GA.

By instituting this investigation (337-TA-1004), 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.

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June 7, 2016

News Release 16-063

Inv. No(s). 337-TA-1003

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Composite Aerogel Insulation Materials and Methods for Manufacturing Same

The U.S. International Trade Commission (USITC) last week voted to institute an investigation of certain composite aerogel insulation materials and methods for manufacturing same.  The products at issue in the investigation are very lightweight and low density insulation materials made using certain manufacturing processes.

The investigation is based on a complaint filed by Aspen Aerogels, Inc., of Northborough, MA, on May 5, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite aerogel insulation materials and methods for manufacturing same that infringe patents asserted by the complaint.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Nano Tech Co., Ltd., of Shaoxing, Zhejiang, People’s Republic of China; and
Guangdong Alison Hi-Tech Co., Ltd., of Guangzhou, People’s Republic of China.

By instituting this investigation (337-TA-1003), 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.

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May 23, 2016

News Release 16-058

Inv. No(s). 337-TA-1001

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Digital Video Receivers and Hardware and Software Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers and hardware and software components thereof.  The products at issue in the investigation are digital video receivers and the hardware and software components thereof, including, for example, interactive program guide software.

The investigation is based on a complaint filed by Rovi Corporation and Rovi Guides, Inc., both of San Carlos, CA, on April 6, 2016.  An amended complaint was filed on April 25, 2016.  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 digital video receivers and hardware and software components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA;
Comcast Business Communications, LLC, of Philadelphia, PA;
Comcast Holdings Corporation of Philadelphia, PA;
Comcast Shared Services, LLC, of Chicago, IL;
Technicolor SA of Issy-les-Moulineaux, France;
Technicolor USA Inc. of Indianapolis, IN;
Technicolor Connected Home USA LLC of Indianapolis, IN;
Pace Ltd. of West Yorkshire, England;
Pace Americas LLC of Boca Raton, FL;
Arris International plc of Suwanee, GA;
Arris Group Inc. of Suwanee, GA;
Arris Technology, Inc., of Horsham, PA;
Arris Enterprises Inc. of Suwanee, GA; and
Arris Solutions, Inc., of Suwanee, GA.

By instituting this investigation (337-TA-1001), 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.

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May 20, 2016

News Release 16-056

Inv. No(s). 337-TA-1000

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Motorized Self-Balancing Vehicles

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized self-balancing vehicles.  The products at issue in the investigation are two-wheeled motorized vehicles that resemble skateboards.

The investigation is based on a complaint filed by Razor USA LLC of Cerritos, CA, and Inventist, Inc., and Shane Chen, both of Camas, WA, on March 22, 2016.  Letters supplementing the complaint were filed on March 23, April 12, April 13, April 18, and May 5, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain motorized self-balancing vehicles by reason of infringement of a patent asserted by the complainants, and by reason of false advertising, misrepresentation and unfair competition.  The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong;
Alibaba.com Ltd. of Hangzhou, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Contixo of Ontario, CA;
ZTO Store a.k.a. ZTO Trading Inc., of Monterey Park, CA;
CyBoard LLC a.k.a. Shark Empire Inc. of Glendale, CA;
Genius Technologies a.k.a. Prime Capital of Hastings, MN;
GyroGlyder.com of Stockton, CA;
HoverTech of Hebron, KY;
InMotion Entertainment Group LLC of Jacksonville, FL;
Soibatian Corporation d/b/a/IO Hawk and d/b/a Smart Wheels of Glendale, CA;
Jetson Electric Bikes LLC of New York, NY;
Joy Hoverboard, a.k.a. Huizhou Aoge Enterprize Co. Ltd. of Huizhou, China;
Shenzhen Kebe Technology Co., Ltd., of Shenzhen, China;
Leray Group of Beijing, China;
Modell’s Sporting Goods, Inc., of New York, NY;
Newegg.com Inc. of City of Industry, CA;
PhunkeeDuck, Inc., of Floral Park, NY;
Powerboard a.k.a. Optimum Trading Co. of Hebron, KY;
Shareconn International, Inc., of Shenzhen, Guangdong, China;
Shenzhen Chenduoxing Electronic Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Jomo Technology Co., Ltd., of Shenzhen City, China;
Shenzhen R.M.T. Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Supersun Technology Co. Ltd. a.k.a. Aottom of Shenzhen, Guangdong, China;
Skque Products of Irwindale, CA;
Spaceboard USA of Norcross, GA;
Swagway LLC of South Bend, IN;
Twizzle Hoverboard of La Puente, CA; and
Uwheels of Santa Ana, CA.

By instituting this investigation (337-TA-1000), 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.

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