Section 337
USITC Institutes Section 337 Investigation of Certain Female Fashion Dresses, Jumpsuits, Maxi Dresses, and Accoutrements; May 23, 2019
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements. 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 Style Pantry LLC of Beverly Hills, CA, on March 20, 2019. An amended complaint was filed on April 24, 2019. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation and sale of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of false designation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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:
Amazon.com Inc. of Seattle, WA;
Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd., of Zhejiang, China; and
Jianzhang Liao, Pinkqueen Apparel Inc., of Xiaman, China.
By instituting this investigation (337-TA-1157), 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.
USITC Institutes Section 337 Investigation of Certain LED Packages Containing PFS Phosphor and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LED packages containing PFS phosphor 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 Current Lighting Solutions, LLC, of East Cleveland, OH; General Electric Co. of Boston, MA; and Consumer Lighting (U.S.), LLC, d/b/a GE Lighting, of East Cleveland, OH, on April 11, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LED packages containing PFS phosphor and products containing 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:
Cree, Inc., of Durham, NC;
Cree Hong Kong Ltd. of Hong Kong; and
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China.
By instituting this investigation (337-TA-1156), 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.
USITC Institutes Section 337 Investigation of Certain Luxury Vinyl Tile and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain luxury vinyl tile 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 Mohawk Industries, Inc., of Calhoun, GA; Flooring Industries Ltd. Sarl of Bertrange, Luxembourg; and IVC US Inc. of Dalton, GA, on March 25, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain luxury vinyl tile and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
ABK Trading Corp. of Katy, TX;
Anhui Hanhua Building Materials Co., Ltd., of Anhui, China;
Aspecta North America, LLC, of Norwalk, CT;
Aurora Flooring LLC of Kennesaw, GA;
Benchwick Construction Products Ltd. of Jiangsu, China;
Changzhou Jinuo Decorative Material Co., Ltd., of Jiangsu, China;
Changzhou Marco Merit International Solutions Co. of Jiangsu, China;
Changzhou Runchang Wood Co., Ltd., of Jiangsu, China;
Christina & Son Inc. of Temple City, CA;
Chungstine Inc. d/b/a Expert Hardwood Flooring of Ontario, CA;
Davati Group LLC of Austin, TX;
DeSoto Sales, Inc. of Canoga Park, CA;
Global Wood Inc. of Walnut, CA;
Go-Higher Trading (Jiangsu) Co., Ltd., of Jiangsu, China;
Golden Tree Import & Export Inc. of Temple City, CA;
Halstead New England Corp. of Norwalk, CT;
Hangzhou Kingdom Import & Export Trading Co. Ltd. of Hangzhou, China;
IN.id Corp. of Diamond Bar, CA;
JC Int’l Trading, Inc., of City of Industry, CA;
Jiangsu Divine Building Technology Development Co. Ltd. of Jiangsu, China;
Jiangsu Lejia Plastic Co. Ltd. of Jiangsu, China;
JiangSu Licheer Wood Co., Ltd., of Jiangsu, China;
JiangSu TongSheng Decorative Materials Co., Ltd., of Jiangsu, China;
Jkgy Inc. d/b/a Nextar Trading of City of Industry, CA;
KJ Carpet Wholesale, Inc., of Pomona, CA;
Maxwell Flooring Distribution LLC of Houston, TX;
Metroflor Corp. of Norwalk, CT;
Mountain High Corp. of El Monte, CA;
Mr. Hardwood Inc. of Acworth, GA;
National Coverings, LLC, of Ft. Lauderdale, FL;
Nextar Wholesale of City of Industry, CA;
Northann Distribution Center Inc. of Sacramento, CA;
Pentamax Inc. of Compton, CA;
RBT Industries LLC d/b/a Hardwood Bargains of Austin, TX;
RC Vinyl Inc. of City of Industry, CA;
Royal Family Inc. of Temple City, CA;
Sam Houston Hardwood Inc. of Houston, TX;
Zhejiang Changxing Senda Bamboo and Wood Products Co. Ltd of Zhejiang, China;
Zhangjiagang Elegant Home-Tech Co. Ltd. of Jiangsu, China;
Zhangjiagang Elegant Plastics Co. Ltd. of Jiangsu, China;
Zhangjiagant Yihua Plastics Co., Ltd., of Jiangsu, China;
Zhangjiagang Yihua Rundong New Material Co. Ltd. of Jiangsu, China;
Zhejiean Kimay Building Material Technology Co., Ltd., of Zhejiang, China;
Zhejiang Kingdom Flooring Plastic Co., Ltd., of Zhejiang, China; and
Zhejiang Walrus New Material Co., Ltd., of Zhejiang, China.
By instituting this investigation (337-TA-1155), 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.
USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, integrated circuits, and consumer 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 Innovative Foundry Technologies LLC of Portsmouth, NH, on February 15, 2019. 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, integrated circuits, and consumer 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:
BBK Communication Technology Co., Ltd., of Dongguan, Guangdong, China;
Vivo Mobile Communication Co., Ltd., of Dongguan, Guangdong, China;
OnePlus Technology (Shenzhen) Co., Ltd., of Shenzhen, Guangdong, China;
Guangdong OPPO Mobile Telecommunications Co., Ltd., of Dongguan, Guangdong, China;
Hisense Electric Co., Ltd., of Qingdao, China;
Hisense USA Corporation of Suwanee, GA;
Hisense USA Multimedia R & D Center Inc. of Suwanee, GA;
TCL Corporation of Huizhou City, Guangdong, China;
TCL Communication, Inc., of Irvine, CA;
TTE Technology, Inc. (d/b/a TCL America) of Wilmington, DE;
TCT Mobile (US) Inc. of Irvine, CA;
VIZIO, Inc., of Irvine, CA;
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Mstar Semiconductor, Inc., of Hsinchu Hsien, Taiwan;
Qualcomm Incorporated of San Diego, CA;
Qualcomm Technologies, Inc., of San Diego, CA;
Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan;
TSMC North America of San Jose, CA; and
TSMC Technology, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1149), 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.
USITC Institutes Section 337 Investigation of Certain Integrated Circuits and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 Tela Innovations, Inc., of Los Gatos, CA, on December 19, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits 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:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
AsusTek Computer Inc. of Taipai, Taiwan;
Asus Computer International of Fremont, CA;
Intel Corporation of Santa Clara, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan; and
MSI Computer Corp. of City of Industry, CA.
By instituting this investigation (337-TA-1148), 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.
USITC Institutes Section 337 Investigation of Certain Blood Separation and Cell Preparation Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood separation and cell preparation devices. 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 RegenLab USA LLC of New York, NY, on February 4, 2019, and an amended complaint filed on February 15, 2019. 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 blood separation and cell preparation devices 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:
Estar Technologies, Ltd., of Holon, Israel; and
Eclipse MedCorp, LLC, of The Colony, TX.
By instituting this investigation (337-TA-1147), 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.
USITC Institutes Section 337 Investigation of Certain Taurine (2-Aminoethanesulfonic Acid), Methods of Production and Processes for Making the Same, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, 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 Vitaworks IP, LLC, of North Brunswick, NJ; Vitaworks, LLC, of North Brunswick, NJ; and Dr. Songzhou Hu of North Brunswick, NJ, on January 30, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, 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:
A to Z Nutrition, Inc., of Miramar, FL;
Ampak Company, Inc., of Larchmont, NY;
Armada Nutrition LLC of Spring Hill, TN;
Atlantic Chemicals Trading of North America, Inc., of Boston, MA;
Crossroad Ingredients LLC of Fairfield, NJ;
Emote International, Inc., of La Verne, CA;
Epikix, Inc., of Irvine, CA;
Fuerst Day Lawson (USA), Ltd., of London, England, United Kingdom;
Glanbia Nutritional (NA), Inc., of Carlsbad, CA;
Greating Shipping Co. of Alhambra, CA;
Green Wave Ingredients, Inc., of La Mirada, CA;
Hard Eight Nutrition, LLC, of Henderson, NV;
Fuchi Pharmaceutical Co., Ltd., d/b/a Hubei Grand Life Science and Technology Co., Ltd., of Hubei Province, China;
Jiangyin Huachang Food Additive Co., Ltd., of Jiang Su Province, China;
Natural Ingredient Corp. of Pasadena, CA;
JSW Enterprises, LLC, d/b/a Nutravative Ingredients of Allen, TX;N.V.E., Inc., a/k/a N.V.E. Pharmaceuticals, Inc., of Andover, NJ;
Pacific Rainbow International, Inc., of City of Industry, CA;
Pharmachem Laboratories, Inc., of Kearny, NJ;
Prinova USA, LLC, of Carol Stream, IL;
Qianjiang Yongan Pharma.Co., Ltd. of Qianjiang City, Hubei Province, China;
SEM Minerals, L.P., of Quincy, IL;
Signo, LLC, of Houston, TX;
Stauber Holdings, Inc., f/k/a Stauber Performance Ingredients, Inc., of Fullerton, CA;
Shandong Xinhua Pharmaceutical USA, Inc., d/b/a SX Pharma of South El Monte, CA;
Uniprime International, LLC of Eatontown, NJ; and
Wild Flavors, Inc., of Erlanger, KY.
By instituting this investigation (337-TA-1146), 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.
USITC Institutes Section 337 Investigation of Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain botulinum toxin products, processes for manufacturing or relating to same and certain 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 Medytox Inc. of Seoul, South Koreal; Allergan plc of Dublin, Ireland; and Allergan, Inc., of Irvine, CA, on January 30, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain botulinum toxin products, processes for manufacturing or relating to same and certain products containing same that misappropriate trade secrets 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:
Daewoong Pharmaceuticals Co., Ltd., of Seoul, South Korea; and
Evolus, Inc., of Irvine, CA.
By instituting this investigation (337-TA-1145), 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.
USITC Institutes Section 337 Investigation of Certain Dental and Orthodontic Scanners and Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dental and orthodontic scanners and software. 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 Align Technology, Inc., of San Jose, CA, on December 10, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dental and orthodontic scanners and software that infringe patents asserted by the complainant. The complainant requests 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:
3Shape A/S of Copenhagen, Denmark;
3 Shape, Inc., of Warren, NJ; and
3Shape Trios A/S of Copenhagen, Denmark.
By instituting this investigation (337-TA-1144), 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.
USITC Institutes Section 337 Investigation of Certain Pickup Truck Folding Bed Cover Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pickup truck folding bed cover systems 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 Extang Corporation and Laurmark Enterprises Inc. d/b/a BAK Industries, both of Ann Arbor, MI, on December 7, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pickup truck folding bed cover systems and components thereof that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a temporary exclusion order and temporary cease and desist orders, and a permanent general exclusion order, or in the alternative a permanent limited exclusion order, and permanent cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Stehlen Automotive of Walnut, CA;
SyneticUSA of Pico Rivera, CA;
Topline Autoparts, Inc., of Hacienda Heights, CA;
Velocity Concepts Inc. of Hacienda Heights, CA;
JL Concepts Inc. of Walnut, CA;
DT Trading Inc. of Alhambra, CA;
Wenzhou Kouvi Hardware Products Co., Ltd., of Wenzh City, Zhejian Province, China;
Syppo Marketing, Inc., of City of Industry, CA;
Apex Auto Parts Mfg. Inc. of City of Industry, CA;
Ningbo Huadian Cross Country Automobile Accessories Co., Ltd., of Ningbo, China; and
Sunwood Industries Co., Ltd., of Jiangsu, China.
By instituting this investigation (337-TA-1143), 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.