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Section 337

July 11, 2024

News Release 24-064

Inv. No(s). 337-TA-1408

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Hydrodermabrasion Systems and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hydrodermabrasion 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 HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, CA, on June 11, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hydrodermabrasion systems and components thereof that infringe a patent 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 respondents in this investigation:

  • Cartessa Aesthetics LLC, Melville, NY
  • Eunsung Global Corp, Gangwon-do, South Korea 

By instituting this investigation (337-TA-1408), 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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July 3, 2024

News Release 24-061

Inv. No(s). 337-TA-1406

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Memory Devices and Electronic Devices Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain memory devices and electronic devices 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 MimirIP, LLC of Dallas, TX, on June 3, 2024.  Supplements to the complaint were filed on June 21, 2024 and June 24, 2024.  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 memory devices and electronic devices 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 respondents in this investigation:

  • Micron Technology Inc., Boise, ID
  • Hewlett Packard Enterprise Co., Spring, TX
  • HP, Inc., Palo Alto, CA
  • Kingston Technology Company, Inc., Fountain Valley, CA
  • Lenovo Group Limited, Hong Kong, S.A.R., China
  • Lenovo (United States) Inc., Morrisville, NC
  • Tesla Inc., Austin, TX

By instituting this investigation (337-TA-1406), 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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July 11, 2024

News Release 24-063

Inv. No(s). 337-TA-1407

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Eye Cosmetics and Packaging Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain eye cosmetics and packaging 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 Amarte USA Holdings, Inc of Redding CA, on May 20, 2024, and amended on May 31, 2024 and June 7, 2024, and supplemented on June 28, 2024. The second amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and in the sale of certain eye cosmetics and packaging thereof by reason of infringement of a registered trademark, unfair competition, and false advertising. 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 respondents in this investigation:

  • Unilever PLC, Port Sunlight, United Kingdom
  • Unilever United States, Inc. Englewood Cliffs, NJ
  • Carver Korea Co., Ltd., Seoul, South Korea
  • Bourne & Morgan Ltd., London, United Kingdom
  • MZ Skin Ltd., Borehamwood, United Kingdom
  • Kaibeauty, Taipei City, Taiwan
  • I’ll Global Co., Ltd., Seoul, South Korea
  • Hikari Laboratories Ltd., Bnei Atarot, Israel
  • Iman Cosmetics, London, United Kingdom
  • Strip Lashed, Rotherham, United Kingdom
  • Kelz Beauty, Budapest, Hungary

By instituting this investigation (337-TA-1407), 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 17, 2024

News Release 24-055

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Wi-Fi Access Points, Routers, Range Extenders, Controllers and Components Thereof

On Friday, June 14, 2024, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain Wi-Fi access points, routers, range extenders, 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 TP-Link USA Corporation of Irvine, CA, and TP-Link Corporation PTE Ltd. of Singapore, on May 7, 2024, and supplemented on May 15, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain Wi-Fi access points, routers, range extenders, controllers 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 Netgear Inc. of San Jose, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1405), 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 24, 2023

News Release 23-045

Inv. No(s). 337-TA-1364

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain blood flow restriction devices with rotatable windlasses 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 Composite Resources, Inc., of Rock Hill, SC, and North American Rescue, LLC, of Greer, SC, on April 24, 2023, and supplemented on April 27, 2023, May 11, 2023, and May 18, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain blood flow restriction devices with rotatable windlasses and components thereof that infringe patents, trademarks, and trade dress asserted by the complainants. The complainants request that the USITC issue 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 respondents in this investigation:

  • Anping Longji Medical Equipment Factory of Hengshui City, Hebei Province, China;
  • Chaozhou Jiduo Trading Co., Ltd., (d/b/a Jiduostore; d/b/a Palawaik) of Chaozhou City, China; 
  • Dongguan Hongsui Electronic Commerce Co., Ltd., (d/b/a Holsure) of Dongguan City, Houjie Town, Guangdong Province, China;
  • Dongguanwin Si Hai Precision Mold Co., Ltd., of Changan, Dongguan, China; 
  • Eiffel Medical Supplies Co., Ltd., of Shenzhen, Guangdong, China; 
  • Empire State Distributors Inc. (d/b/a Gallica) of Brooklyn, NY;
  • EMRN Medical Equipment of LaSalle, Quebec, Canada; 
  • Express Companies, Inc., of Oceanside, CA; 
  • Fuzhou Meirun Medical Equipment Technology Co., Ltd., (d/b/a Jusaid) of Fuzhou, Jiangxi, China; 
  • GD Tianwu New Material Tech Co., Ltd., of Shawan Town, Panyu District, Guangzhou China; 
  • Henan Eyocean E-Commerce Co., Ltd., (d/b/a Eyocean) of Huiji District, Zhengzhou, Henan, China; 
  • Hengshui Runde Medical Instruments Co., Ltd., of Hengshui City, Hebei Province, China; 
  • Huang Xia (d/b/a Furlove) of Sangzi Town, Xinhua County, Hunan, China; 
  • Jingcai Jiang (d/b/a Furlove) of Shenzhen, GuangDong, China;
  • Putian Dima Trading Co., Ltd., (d/b/a Dimai; d/b/a Zeculay) of Putian City, Hanjiang District, Fujian Province, China; 
  • Rhino Inc. (d/b/a RhinoRescue) of Lewes, DE; 
  • Shanghai Sixu International Freight Agent Co., Ltd., of Shanghai, China;
  • Shen Yi (d/b/a SZCTKlink) of Shenzhen, Guangdong, China; 
  • Shenzhen Anben E-Commerce Co., Ltd. (d/b/a Awelife; d/b/a Ansudylg) of Shenzhen, China; 
  • Shenzhen Janxle E E Commerce Co., Ltd., of Shenzhen, China;
  • Shenzhen Smart Medical Co. Ltd., of Shenzhen, China; 
  • Shenzhen TMI Medical Supplies Co., Ltd., (d/b/a Tanmi Medical) of Shenzhen, China; 
  • Shenzhen Yujie Commercial and Trading Co., Ltd., (d/b/a Cozii Tourniquet) of Shenzhen, China; 
  • Sun Minghui (d/b/a SunQQQ; d/b/a Familyhouse) of Shenzhen, Guangdong, China; 
  • SZY Holdings LLC, of Brooklyn, NY; 
  • Wuxi Emsrun Technology Co., Ltd., of Wuxi City, Jiangsu Province, China; 
  • Wuxi Golden Hour Medical Technology Co., Ltd., (d/b/a YeYe Tactical) of Wuxi City, Jiangsu Province, China; 
  • Wuxi Puneda Technology Co., Ltd., of Wuxi, China;
  • Xia Guo Long (d/b/a Jusaid) of Dongguan City, Nancheng District, Guangdong Province, China; and 
  • Yinping Yin (d/b/a Dealpeak) of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1364), 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 11, 2023

News Release 23-041

Inv. No(s). 337-TA-1363

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain LiDAR (Light Detection and Ranging) Systems and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain LiDAR (Light Detection and Ranging) 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 Ouster Inc. of San Francisco, CA, on April 11, 2023, and supplemented on April 19, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LiDAR (Light Detection and Ranging) systems and components thereof that infringe patents asserted by the complainants. The complainant requests that the USITC issue a permanent limited exclusion order and permanent cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Hesai Group of Shanghai, China;
  • Hesai Technology Co., Ltd., of Shanghai, China; and 
  • Hesai Inc. of Palo Alto, CA.

By instituting this investigation (337-TA-1363), 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 8, 2023

News Release 23-040

Inv. No(s). 337-TA-1362

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Liquid Transfer Devices with an Integral Vial Adapter

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain liquid transfer devices with an integral vial adapter. 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 West Pharmaceutical Services, Inc., of Exton, PA, and West Pharma. Services IL, Ltd., of Ra'anana, Israel, on April 6, 2023, and supplemented on April 21, 2023. 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 transfer devices with an integral vial adapter that infringe patents asserted by the complainants. The complainants request that the USITC issue a permanent limited exclusion order and permanent cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Advcare Medical, Inc., of New Taipei City, Taiwan;
  • Dragon Heart Medical Devices Co., Ltd., of Kaiping City, Guangdong Province, China; 
  • Dragon Heart Medical, Inc., of Addison, IL; and 
  • Summit International Medical Technologies, Inc., of Franklin, MA. 

By instituting this investigation (337-TA-1362), 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 5, 2023

News Release 23-030

Inv. No(s). 337-TA-1357

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof, and Systems Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic anti-theft shopping cart wheels, components thereof, and systems 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 Gatekeeper Systems, Inc., of Foothill Ranch, CA, on March 8, 2023. 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 anti-theft shopping cart wheels, components thereof, and systems containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue permanent limited exclusion orders and cease and desist orders, and impose a bond upon importation of infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j) to prevent further injury to Gatekeeper’s domestic industry relating to each of the Asserted Patents. 

The USITC has identified the following respondents in this investigation:

  • Rocateq International B.V. of Barendrecht, The Netherlands;
  • Rocateq USA, LLC, of San Fernando, CA; and
  • Zhuhai Rocateq Technology Company Ltd. of Zhuhai, Guangdong, China.

By instituting this investigation (337-TA-1357), 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, 2023

News Release 23-029

Inv. No(s). 337-TA-1356

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Dermatological Treatment Devices and Components Thereof (CORRECTED)

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain dermatological treatment devices 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 Serendia, LLC, of Lake Forest, CA, on March 1, 2023, and supplemented on March 2, 2023 (First Supplement); March 13, 2023 (Second and Third Supplements); and March 14, 2023 (Fourth Supplement). The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dermatological treatment devices and components that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a permanent limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Sung Hwan E&B Co., LTD. d/b/a SHEnB Co. LTD of Seoul, Republic of Korea; 
  • Aesthetics Biomedical, Inc., of Phoenix, AZ; 
  • Cartessa Aesthetics, LLC, of Melville, NY;
  • Lutronic Corporation of Gyeonggi-do, Republic of Korea; 
  • Lutronic Aesthetics, Inc., AKA Lutronic Inc. of Billerica, MA; 
  • Lutronic, LLC, of Billerica, MA;
  • Ilooda Co., Ltd., of Gyeonggi-do, Republic of Korea;
  • Cutera, Inc., of Brisbane, CA; 
  • Jeisys Medical Inc. of Seoul, Republic of Korea; 
  • Cynosure, Inc., of Westford, MA; 
  • Rohrer Aesthetics, LLC, of Homewood, AL; 
  • Rohrer Aesthetics, Inc., of Homewood, AL;
  • EndyMed Medical Ltd., of Caesarea, Israel; 
  • EndyMed Medical, Ltd., of New York, NY; and 
  • EndyMed Medical Inc., of Freehold, NJ.

By instituting this investigation (337-TA-1356), 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, 2023

News Release 23-023

Inv. No(s). 337-TA-1355

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Compact Wallets and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of compact wallets 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 The Ridge Wallet LLC of Santa Monica, CA, on February 6, 2023, and supplemented on February 21, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of compact wallets and components thereof that infringe both a patent asserted by the complainant and trade dress. The complainant requests that the USITC issue a general exclusion order, a permanent limited exclusion order, and cease and desist orders.  
The USITC has identified the following respondents in this investigation:

  • Rosemar Enterprise LLC d/b/a RossM Wallet of Palm Springs, CA; 
  • Mosaic Brands, Inc. d/b/a Storus, of Alamo, CA; 
  • INSGG of Hangzhou City, Zhejiang Province, China; 
  • Shenzhen Swztech Co., Ltd d/b/a SWZA of Shenzhen, GuangDong, China; and 
  • ARW of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1355), 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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