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Section 337

February 7, 2019

News Release 19-002

Inv. No(s). 337-TA-1142

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

USITC Institutes Section 337 Investigation of Certain Pocket Lighters

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pocket lighters.  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 BIC Corporation of Shelton, CT, on December 6, 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 pocket lighters that infringe registered 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:

Arrow Lighter, Inc., d/b/a MK Lighter, Inc., and MK Lighter Company of City of Industry, CA;
Benxi Fenghe Lighter Co., Ltd., of Benxi, Liaoning Province, China;
Excel Wholesale Distributors Inc. of College Point, NY;
Milan Import Export Company, LLC, of San Diego, CA;
Wellpine Company Limited of Hong Kong; and
Zhuoye Lighter Manufacturing Co, Ltd., of Foshan City, Guangdong, China.

By instituting this investigation (337-TA-1142), 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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December 20, 2018

News Release 18-148

Inv. No(s). 337-TA-1141

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

USITC Institutes Section 337 Investigation of Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cartridges for electronic nicotine delivery 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 Juul Labs, Inc., of San Francisco, CA, on November 20, 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 cartridges for electronic nicotine delivery systems 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:

Drip-Tip Vapes LLC of Plantation, FL;
The Electric Tobacconist, LLC, of Boulder, CO;
Fuma Vapor, Inc., of Des Plaines, IL;
Lan & Mike International Trading, Inc., of Torrance, CA;
Lizard Juice, LLC, of Largo, FL;
Maduro Distributors, Inc., of Maplewood, MN;
MistHub, LLC, of Buffalo Grove, IL;
ParallelDirect, LLC, of Lincolnshire, IL;
Saddam Aburoumi of Manchester, CT;
Sarvasva LLC d/b/a One Stop Food Mart of Maple Shade, NJ;
Shenzhen Haka Flavor Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OCIGA Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OVNS Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yibo Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Twist Vapor Franchising, LLC, of Tampa, FL;
United Wholesale LLC of Glastonbury, CT;
Vape4U LLC of Montclair, CA;
Vaperz LLC of Frankfort, IL;
Vaportronix, LLC, of Aventura, FL;
Vapor 4 Life Holdings, Inc., of Northbrook, IL;
The ZFO of Spencerport, NY;
Ziip Lab Co., Ltd., of Shenzhen City, Guangdong Province, China; and
Ziip Lab S.A. of Punta del Este – Maldonado, Uruguay.

By instituting this investigation (337-TA-1141), 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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December 10, 2018

News Release 18-146

Inv. No(s). 337-TA-1140

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

USITC Institutes Section 337 Investigation of Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multi-stage fuel vapor canister systems and activated carbon 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 Ingevity Corp. and Ingevity South Carolina, LLC, both of North Charleston, SC, on November 8, 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 multi-stage fuel vapor canister systems and activated carbon components thereof 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:

MAHLE Filter Systems North America, Inc., of Murfreesboro, TN;
MAHLE Filter Systems Japan Corp. of Saitama, Japan;
MAHLE Sistemas de Filtracion de Mexico S.A. de C.V. of Monterrey, Nuevo Leon, Mexico;
MAHLE Filter Systems Canada, ULC, of Tilbury, ON, Canada;
Kuraray Co., Ltd., of Tokyo, Japan;
Kuraray America, Inc., of Houston, TX; and
Nagamine Manufacturing Co., Ltd., of Nakatado-Gun, Kagawa-pref., Japan.         

By instituting this investigation (337-TA-1140), 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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October 16, 2018

News Release 18-124

Inv. No(s). 337-TA-1138

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

USITC Institutes Section 337 Investigation of Certain LTE- and 3G-Compliant Cellular Communications Devices

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LTE- and 3G-compliant cellular communications 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 INVT SPE LLC of San Francisco, CA, on September 14, 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 LTE- and 3G-compliant cellular communications devices 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:

Apple Inc. of Cupertino, CA;
HTC Corporation of Taiwan;
HTC America, Inc. of Seattle, WA;
ZTE Corporation of Nanshan District, Guangdong Province, China; and
ZTE (USA) Inc. of Richardson, TX.

By instituting this investigation (337-TA-1138), 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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October 10, 2018

News Release 18-121

Inv. No(s). 337-TA-1137

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

USITC Institutes Section 337 Investigation of Certain Semiconductor Lithography Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor lithography 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 ASML Netherlands B.V. of the Netherlands and ASML US, L.P., and ASML US, LLC, both of Chandler, AZ, on September 12, 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 semiconductor lithography systems 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:

Nikon Corporation of Tokyo, Japan;
Nikon Precision Inc. of Belmont, CA; and
Nikon Research Corporation of America of Belmont, CA.

By instituting this investigation (337-TA-1137), 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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October 5, 2018

News Release 18-120

Inv. No(s). 337-TA-1136

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

USITC Institutes Section 337 Investigation of Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain obstructive sleep apnea treatment mask 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 Fisher & Paykel Healthcare Limited of Panmure, Auckland, New Zealand, on September 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 obstructive sleep apnea treatment mask systems 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:

ResMed Corp. of San Diego, CA;
ResMed Inc. of San Diego, CA; and
ResMed Limited of Bella Vista NSW, Australia.

By instituting this investigation (337-TA-1136), 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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October 1, 2018

News Release 18-117

Inv. No(s). 337-TA-1135

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

USITC Institutes Section 337 Investigation of Certain Strength-Training Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain strength-training 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 Hoist Fitness Systems, Inc., of Poway, CA, on September 4, 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 strength-training systems 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:

TuffStuff Fitness International, Inc., of Chino, CA; and
Shandong Relax Health Industry Co. Ltd. of Qingdao, Shandong Province, China.

By instituting this investigation (337-TA-1135), 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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October 1, 2018

News Release 18-116

Inv. No(s). 337-TA-1134

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

USITC Institutes Section 337 Investigation of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment mask 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 ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on August 31, 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 sleep-disordered breathing treatment mask systems 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:

Fisher & Paykel Healthcare Limited of Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
Fisher & Paykel Healthcare Distribution Inc. of Irvine, CA.

By instituting this investigation (337-TA-1134), 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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September 27, 2018

News Release 18-114

Inv. No(s). 337-TA-1133

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

USITC Institutes Section 337 Investigation of Certain Unmanned Aerial Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain unmanned aerial vehicles 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 Autel Robotics USA LLC of Bothell, WA, on August 30, 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 unmanned aerial vehicles 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:

SZ DJI Technology Co. Ltd. of Shenzhen, China;
DJI Europe B.V. of the Netherlands;
DJI Technology Inc. of Burbank, CA;
iFlight Technology Co. Ltd. of Hong Kong;
DJI Baiwang Technology Co. Ltd. of Shenzhen, China;
DJI Research LLC of Palo Alto, CA;
DJI Service LLC of Cerritos, CA; and
DJI Creative Studio LLC of Burbank, CA.

By instituting this investigation (337-TA-1133), 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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September 11, 2018

News Release 18-109

Inv. No(s). 337-TA-1132

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

USITC Institutes Section 337 Investigation of Certain Motorized Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized vehicles 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 FCA US LLC of Auburn Hills, MI, on August 1, 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 motorized vehicles and components thereof that infringe trade dress and trademarks 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:

Mahindra & Mahindra Ltd. of Mumbai, India; and
Mahindra Automotive North America, Inc., of Auburn Hills, MI.

By instituting this investigation (337-TA-1132), 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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