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Section 337

May 21, 2020

News Release 20-047

Inv. No(s). 337-TA-1201

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

USITC Institutes Section 337 Investigation of Certain Liquid Crystal Display Devices, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain liquid crystal display devices, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Sharp Corporation of Osaka, Japan, and Sharp Electronics Corporation of Montvale, NJ, on April 21, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain liquid crystal display devices, components thereof, 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:

VIZIO Inc. of Irvine, CA;
Xianyang CaiHong Optoelectronics Technology Co., Ltd., of Xianyang, Shaanxi, China;
TPV Technology, Ltd., of Kowloon, Hong Kong;
TPV Display Technology (Xiamen) Co., Ltd., of Xiamen, Fujian, China;
TPV International (USA), Inc., of Austin, TX;
Trend Smart America, Ltd., of Lake Forest, CA; and
Trend Smart CE Mexico S.R.L. De D.V. of Tijuana, Baja California, Mexico.

By instituting this investigation (337-TA-1201), 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 18, 2020

News Release 20-046

Inv. No(s). 337-TA-1200

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

USITC Institutes Section 337 Investigation of Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including streaming players, televisions, set top boxes, remote controllers, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Universal Electronics, Inc., of Scottsdale, AZ, on April 16, 2020.  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 streaming players, televisions, set top boxes, remote controllers, and components thereof that infringe patents asserted by the complainant.  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:

Roku Inc. of Los Gatos, CA;
TCL Electronics Holdings Limited, f/k/a TCL Multimedia Holdings Limited of Hong Kong;
Shenzhen TCL New Technology Company Limited of Shenzhen, China;
TCL King Electrical Appliances (Huizhou) Company Limited of Huizhou, China;
TTE Technology Inc. d/b/a/ TCL USA and TCL North America of Corona, CA;
TCL Corp. of Huizhou City, Guangdong Province, China;
TCL Moka, Int’l Ltd. of Hong Kong;
TCL Overseas Marketing Ltd. of Hong Kong;
TCL Industries Holdings Co., Ltd., of Hong Kong;
TCL Smart Device (Vietnam) Company, Ltd., of Tan Binh Commune, Bac Tan Uyen District, Binh Duong Province, Vietnam;
Hisense Co. Ltd. of Qingdao, Shandong Province, China;
Hisense Electronics Manufacturing Company of America Corporation d/b/a Hisense USA of Suwanee, GA;
Hisense Import & Export Co. Ltd. of Qingdao, Shandong Province, China;
Qingdao Hisense Electric Co., Ltd., of Qingdao, Shandong Province, China;
Hisense International (HK) Co., Ltd., of Sheng Wan, Hong Kong (SAR);
Funai Electric Co., Ltd., of Osaka, Japan;
Funai Corporation Inc. of Rutherford, NJ; and
Funai (Thailand) Co., Ltd., of Nakhon Ratchasima, Thailand.

By instituting this investigation (337-TA-1200), 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 12, 2020

Bulletin 20-043
Inv. No(s). 337-TA-1199

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

USITC Institutes Section 337 Investigation of Certain Tobacco Heating Articles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain tobacco heating articles and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by RAI Strategic Holdings, Inc.; R.J. Reynolds Vapor Company; and R.J. Reynolds Tobacco Company, all of Winston-Salem, NC, on April 9, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tobacco heating articles and 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:

Altria Client Services LLC of Richmond, VA;
Altria Group, Inc., of Richmond, VA;
Philip Morris USA, Inc., of Richmond, VA;
Philip Morris International Inc. of New York, NY; and
Philip Morris Products S.A. of Neuchatel, Switzerland.

By instituting this investigation (337-TA-1199), 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 5, 2020

News Release 20-040

Inv. No(s). 337-TA-1198

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

USITC Institutes Section 337 Investigation of Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain spa pumps, jet pump housings, pedicure spas, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Luraco Health & Beauty, LLC, of Arlington, TX, on February 4, 2020 and amended on March 17, 2020 and April 6, 2020.  The second amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain spa pumps, jet pump housings, jet assemblies, spa jets, magnetic jet pumps, and pedicure spas used in nail and pedicure salons that allegedly 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:

GTP International Corp. of Dallas, TX;
Lac Long U.S., Inc. of Westminster, CA;
Lac Long Co. Ltd. of Vietnam; and
Alfalfa Nail Supply, Inc. of Baton Rouge, LA.

By instituting this investigation (337-TA-1198), 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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April 29, 2020

News Release 20-035

Inv. No(s). 337-TA-1197

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

USITC Institutes Section 337 Investigation of Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof II

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof II.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 27, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable gaming console systems with attachable handheld controllers and components thereof II that infringe a patent asserted by the complainant.  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:

Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-1197), 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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April 13, 2020

News Release 20-030

Inv. No(s). 337-TA-1196

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

USITC Institutes Section 337 Investigation of Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain in vitro fertilization products, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by EMD Serono, Inc., of Rockland, MA, on March 11, 2020, that was amended and supplemented on March 27, 2020.  The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain in vitro fertilization products, components thereof, and products containing the same that (i) infringe one or more trademarks asserted by the complainant, (ii) are falsely designated as to source, and (iii) are falsely advertised.  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:

FastIVF c/o Domains by Proxy LLC of Scottsdale, AZ;
Hermes Eczanesi of Istanbul, Turkey; and
General Plastik Drug Stores of Istanbul, Turkey.

By instituting this investigation (337-TA-1196), 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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March 31, 2020

News Release 20-017

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

USITC Institutes Section 337 Investigation of Certain Electronic Candle Products and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic candle products and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by L&L Candle Company LLC of Brea, CA, and Sotera Tschetter, Inc., of St. Paul, MN, on March 2, 2020.  Supplements to the complaint were filed on March 18 and 20, 2020.  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 electronic candle products and components thereof that infringe patents asserted by the complainants.  The complainants request 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:

The Gerson Company of Olathe, KS;
Gerson International (H.K.) Ltd. of Kowloon, Hong Kong;
Sterno Home Inc. of Coquitlam, British Columbia, Canada;
Ningbo Huamao International Trading Co., Ltd., of Ningbo City, Zhejiang Province, China;
Ningbo Yinzhou Langsheng Artware Co., Ltd., of Ningbo City, Zhejiang Province, China;
Lifetime Brands, Inc., Garden City, NY;
Scott Brothers Entertainment, Inc., of Las Vegas, NV;
Nantong Ya Tai Candle Arts & Crafts Co., Ltd., of San Gabriel, CA;
NapaStyle, Inc., of Napa, CA;
Veraflame International, Inc., of Vancouver, British Columbia, Canada;
MerchSource, LLC, of Irvine, CA;
Ningbo Mascube Import Export Company of Ningbo City, Zhejiang Province, China;
Decorware International Inc. dba Decorware Inc. of Rancho Cucamonga, CA;
Shenzhen Goldenwell Smart Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Shenzhen Ksperway Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Ningbo Shanhuang Electric Appliance Co. of Ningbo City, Zhejiang Province, China;
Yiwu Shengda Art Co., Ltd., of Yiwu City, Zhejiang Province, China;
Shenzhen Tongfang Optoelectronic Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
TFL Candles of Shenzhen City, Guangdong Province, China;
Guangdong Tongfang Lighting Co., Ltd., of Wan Chai, Hong Kong;
Tongfang Optoelectric Company of Kwun Tong, Hong Kong; and
Virtual Candles Limited of Maidstone, Kent, United Kingdom.

By instituting this investigation (337-TA-1195), 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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March 19, 2020

News Release 20-025

Inv. No(s). 337-TA-1194

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

USITC Institutes Section 337 Investigation of Certain High-DensityFiber Optic Equipment and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-density fiber optic equipment and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Corning Optical Communications LLC of Charlotte, NC, on February 21, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain high-density fiber optic equipment and components thereof 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:

AFL Telecommunications Holdings LLC d/b/a AFL of Duncan, SC;
FS.com Inc. of New Castle, DE;
Huber+Suhner AG of Herisau, Switzerland;
Huber + Suhner, Inc., of Charlotte, NC;
Legrand North America, LLC, of West Hartford, CT;
Leviton Manufacturing Co., Inc., of Melville, NY;
Panduit Corporation of Tinley, IL;
Shanghai TARLUZ Telecom Tech. Co., Ltd., d/b/a TARLUZ, of Shanghai, China;
Shenzhen Anfkom Telecom Co., Ltd., d/b/a Anfkom Telecom of Shenzhen, China;
The LAN Wirewerks Research Laboratories Inc. d/b/a Wirewerks of Quebec, Canada;
The Siemon Company of Watertown, CT;
Total Cable Solutions, Inc., of Springboro, OH; and
Wulei Technology Co., Ltd., d/b/a Bonelinks, of Shenzhen, China.

By instituting this investigation (337-TA-1194), 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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March 9, 2020

News Release 20-020

Inv. No(s). 337-TA-1192

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

USITC Institutes Section 337 Investigation of Certain Nicotine Pouches and Components Thereof and Methods of Making the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nicotine pouches and components thereof and methods of making the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC, of Richmond, VA; Pinkerton Tobacco Co., LP, of Owensboro, KY; and wm17 holding GmbH of Baar, Switzerland, on February 10, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain nicotine pouches and components thereof and methods of making the same that infringe a patent 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:

The Art Factory AB of Helsingborg, Sweden;
Kretek International, Inc., of Moorpark, CA; and
DRYFT Sciences, LLC, of Moorpark, CA.

By instituting this investigation (337-TA-1192), 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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February 6, 2020

News Release 20-011

Inv. No(s). 337-TA-1191

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

USITC Institutes Section 337 Investigation of Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio players and controllers, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Sonos, Inc., of Santa Barbara, CA, on January 7, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audio players and controllers, components thereof, and products containing the same that infringe patents asserted by the complainant.  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:

Google LLC of Mountain View, CA; and
Alphabet Inc. of Mountain View, CA.

By instituting this investigation (337-TA-1191), 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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