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Section 337

March 3, 2023

News Release 23-021

Inv. No(s). 337-TA-1354

Contact: Elizabeth Nesbitt , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain universal golf club shaft and golf club head connection adaptors, certain 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 Club-Conex LLC of Scottsdale, AZ, on February 2, 2023, and supplemented on February 7, 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 universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same that infringe a patent asserted by the complainant. The complainants request that the USITC issue a permanent limited exclusion order and a permanent cease and desist order.  

The USITC has identified the following respondents in this investigation:

  • Top Golf Equipment Co. Limited d/b/a All-Fit Golf of Shenzhen GuangDong, China;
  • Volf Sports Co. LTD of Shenzhen, China;
  • WoFu (Shenzhen) Sports Goods Co., Ltd., of Shenzhen, China.

By instituting this investigation (337-TA-1354), 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 21, 2023

News Release 23-018

Inv. No(s). 337-TA-1353

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III)

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pick-up 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 of Ann Arbor, MI; Laurmark Enterprises, Inc., d/b/a BAK Industries of Ann Arbor, MI; and UnderCover, Inc., of Rogersville, Missouri, on January 19, 2023, and supplemented on January 23, 2023, and February 9, 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 pick-up truck folding bed cover systems and components thereof that infringe patents asserted by the complainant. 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 respondents in this investigation:

  • 4 Wheel Parts of Compton, CA; 
  • American Trucks of Lenexa, KS; 
  • Auto Dynasty a/k/a Shun Fung International Inc. of City of Industry, CA; 
  • AUTOSTARLAND Technology (US), Inc., of Riverside, CA; 
  • DNA Motoring of City of Industry, CA; 
  • Fanciest Pickup Accessories of Riverside, CA; 
  • Future Trucks a/k/a Future Trading Company, LLC, of Houston, TX; 
  • Ikon Motorsports, Inc. of City of Industry, CA; 
  • Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a KSC Auto of Pinghu City, Zhejiang, China; 
  • Kiko Kikito of Ruian City Wenzhou, Zhejiang, China; 
  • Lyon Cover Auto a/k/a Truck Tonneau Covers, of Wenzhou City, Zhejiang Province, China; 
  • Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. Cixi, Ningbo City, Zhejiang, China; 
  • MOSTPLUS Auto of Chai Wan, Hong Kong, China; 
  • Newpowa America, Inc. of Ontario, CA; 
  • New Home Materials, Inc. of Riverside, CA; 
  • OEDRO of Kent, WA;
  • Pickup Zone a/k/a Dai Qun Feng of Riverside, CA; 
  • RDJ Trucks, LLC of Talmo, GA; 
  • Smittybilt, Inc. of Compton, CA; 
  • Trek Power, Inc. of Placentia, CA; 
  • Wenzhou Tianmao Automobile Parts Co., Ltd. Wenzhou, Zhejiang, China.

By instituting this investigation (337-TA-1353), 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 27, 2022

News Release 22-141

Inv. No(s). 337-TA-1348

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Cabinet X-Ray and Optical Camera Systems and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain cabinet x-ray and optical camera 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 KUB Technologies, Inc. of Stratford, CT on November 25, 2022, as supplemented on December 9, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cabinet x-ray and optical camera systems and components thereof 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 following respondents in this investigation:

CompAI Healthcare (Shenzhen) Co., Ltd. of Shenzhen, Guangdong, China;

CompAI Healthcare (Suzhou) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai Medical Technology (Changchun) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai (Beijing) Medical Equipment Co., Ltd. of Suzhou, Jiangsu, China; and

Dilon Technologies, Inc. of Newport News, VA.

By instituting this investigation (337-TA-1348), 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 22, 2022

News Release 22-139

Inv. No(s). 337-TA-1347

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain location-sharing systems, related software, 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 Advanced Ground Information Systems, Inc. of Jupiter, FL and AGIS Software Development LLC of Marshall, TX on November 16, 2022, as supplemented on December 13, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain location-sharing systems, related software, components thereof, and products containing 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 following respondents in this investigation:

Google LLC of Mountain View, CA;
Samsung Electronics, Co., Ltd. of Suwon, South Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China;
TCL Technology Group Corporation of Guangdong, China;
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong;
TCL Communication Technology Holdings Limited of Hong Kong Science Park, Shatin, New Territories,    Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HMD Global of Espoo, Finland;
HMD Global OY of Espoo, Finland;
HMD America, Inc. of Miami, FL;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc. of Tokyo, Japan;
ASUSTek Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
BLU Products of Doral, FL;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Kyocera Corporation of Kyoto, Japan;
Xiaomi Corporation of Grand Cayman, Cayman Islands;
Xiaomi H.K. Ltd. of Kowloon City, Hong Kong;
Xiaomi Communications Co., Ltd. of Beijing, China; and
Xiaomi Inc. of Beijing, China.

By instituting this investigation (337-TA-1347), 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 19, 2022

News Release 22-113

Inv. No(s). 337-TA-1338

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Smart Televisions

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart televisions.  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 Maxell, Ltd. of Kyoto, Japan on September 15, 2022 and supplemented on September 26, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart televisions 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 VIZIO, Inc. of Irvine, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1338), 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 18, 2022

News Release 22-114

Inv. No(s). 337-TA-1339

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Smart Thermostat Hubs, Systems Containing the Same and Components of the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart thermostat hubs, systems containing the same and components of 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 EDST, LLC of Lubbock, TX and Quext IoT, LLC of Lubbock, TX on September 16.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostat hubs, systems containing the same and components of 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 the respondents in this investigation:

iApartments, Inc. of Tampa, FL;

Hsun Weath Technology Co., Ltd. of Taoyuan City, Taiwan; and

Huarifu Technology Co., Ltd. of Taoyuan City, Taiwan.

By instituting this investigation (337-TA-1339), 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 18, 2022

News Release 22-112

Inv. No(s). 337-TA-1337

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Hazelnuts and Products Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hazelnuts 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 Pratum Farm, LLC of Salem, OR on September 15, 2022 and supplemented on September 15, October 3, and October 4, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hazelnuts and products containing the same by reason of false advertising.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Arslanturk Tarim Urunleri San Ihr Ve Ihr A.S. of Arakli-Trabzon, Turkey;

Balsu Gida San Ve Tic. A.S. of Beykoz Istanbul, Turkey;

Balsu USA of Miami, FL;

Farmeks Tarim Urunleri San Ve Tic. A.S. of Gaziemir/Izmir, Turkey;

Nimeks Organik Tarim Urun San Ve Tic Ltd., STI of Cigli/Izmir, Turkey;

Natural Food Source Inc. of Whitehall, PA;

Progida Tarim Urunleri San Ve Tic. A.S. of Maslak/Sariyer/Istanbul, Turkey; and

Ofi d/b/a Olam Edible Nuts of Fresno, CA.

By instituting this investigation (337-TA-1337), 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 14, 2022

Inv. No(s). 337-TA-1336

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices, mobile devices containing the same, 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 Daedalus Prime LLC of Bronxville, NY on September 13, 2022.  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, mobile devices containing the same, 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 the respondents in this investigation:

Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;

Samsung Electronics America, Inc., Ridgefield Park, NJ;

Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan; and

TSMC North America, San Jose, CA.

By instituting this investigation (337-TA-1336), 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 14, 2022

Inv. No(s). 337-TA-1335

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Integrated Circuits, Mobile Devices Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain integrated circuits, mobile devices containing the same, 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 Daedalus Prime LLC of Bronxville, NY on September 13, 2022.  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, mobile devices containing the same, 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 the respondents in this investigation:

Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;

Samsung Electronics America, Inc. of Ridgefield Park, NJ; and

Qualcomm Inc. of San Diego, CA.

By instituting this investigation (337-TA-1335), 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 13, 2022

Inv. No(s). 337-TA-1334

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Raised Garden Beds and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain raised garden beds 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 Vego Garden, Inc. of Houston, TX on September 13, 2022, supplemented on September 21, 2022, and amended on September 22, 2022.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition.  The amended complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Huizhou Green Giant Technology Co., Ltd. of Guangdong, China;

Utopban International Trading Co., Ltd., d/b/a Vegega of Rosemead, CA;

Utopban Limited of Hong Kong;

The Hydro Source Inc., d/b/a Forever Garden Beds of El Monte, CA; and

VegHerb, LLC, d/b/a Frame It All of Cary, NC.

By instituting this investigation (337-TA-1334), 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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