U.S. International Trade Commission
USITC Institutes Section 337 Investigation on Certain Mobile Electronic Devices Incorporating Haptics
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 7, 2012. An amended complaint was filed on March 2, 2012 and a letter supplementing the complaint was filed on March 15, 2012. 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 mobile devices incorporating haptics that infringe patents asserted by Immersion Corporation. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Motorola Mobility, Inc., of Libertyville, IL;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
HTC Corporation of Taiwan; and
HTC America, Inc., of Bellevue, WA
By instituting this investigation (337-TA-834), 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 six 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 on Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Position Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same. The products at issue in this investigation are incremental dental positioning adjustment appliances, or orthodontic aligners, and the digital models, digital data, and treatment plans used to manufacture those appliances.
The investigation is based on a complaint filed by Align Technology, Inc., of San Jose, CA, on March 1, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same that infringe patents asserted by Align Technology. The complainant requests that the USITC issue cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clearcorrect Pakistan (Private), Ltd., of Pakistan; and
Clearcorrect Operating, LLC, of Houston, TX.
By instituting this investigation (337-TA-833), 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 six 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.
Dobrzykowski Designated USITC Chief Financial Officer
Deanna Tanner Okun, Chairman of the United States International Trade Commission (USITC), announced today that William E. Dobrzykowski has been designated as Chief Financial Officer at the USITC.
Dobrzykowski will direct the activities of the USITC's Offices of Finance, Budget, and Procurement and serve as the primary adviser to the Commission on all financial matters.
Dobrzykowski brings over 20 years of financial management experience in both the private and public sectors to the position. Prior to his USITC appointment, he held chief financial officer responsibilities with the U.S. Department of Housing and Urban Development (HUD), the Government National Mortgage Association (Ginnie Mae, an agency within HUD), the Federal Savings and Loan Insurance Corporation (FSLIC), and the Federal Home Loan Bank Board, as well as two international non-profit organizations. Earlier in his career, he worked in senior accounting positions with the Securities and Exchange Commission and the Federal Power Commission. In addition to his federal positions, he has served as an executive financial consultant to U.S. government agencies and private sector organizations.
Dobrzykowski holds a bachelor's degree in accounting from the University of Maryland and is a Certified Public Accountant and a Certified Government Financial Manager. He is married to Susan, and they have three children and five grandchildren.
The U.S. International Trade Commission (USITC) is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies. The USITC staff includes experts who analyze virtually every commodity imported into the United States. The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Brass Sheet and Strip from France, Germany, Italy, and Japan
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on brass sheet and strip from France, Germany, Italy, and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determinations, the existing orders on imports of these products from France, Germany, Italy, and Japan will remain in place.
Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative with respect to all countries. Commissioner Daniel R. Pearson voted in the affirmative with respect to Germany, Italy, and Japan and in the negative with respect to France.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public reportBrass Sheet and Strip from France, Germany, Italy, and Japan (Inv. Nos. 731-TA-313, 314, 317, and 379 (Third Review), USITC Publication 4313, April 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after May 4, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Brass Sheet and Strip from France, Germany, Italy, and Japan were instituted on March 1, 2011.
On June 6, 2011, the Commission voted to conduct full reviews. With regard to France, Italy, and Japan, all six Commissioners found that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With regard to Germany, all six Commissioners found that the both the domestic group response and the respondent group responses were adequate and voted for a full review.
A record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Orange Juice from Brazil
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on certain orange juice from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's negative determination, the existing order on imports of this product from Brazil will be revoked.
All six Commissioners voted in the negative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Certain Orange Juice from Brazil (Inv. No. 731-TA-1089 (Review), USITC Publication 4311, April 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after April 17, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Certain Orange Juice from Brazil was instituted on February 1, 2011.
On May 9, 2011, the Commission voted to conduct a full review. All six Commissioners determined that both the domestic group response and the respondent group responses were adequate and voted for a full review.
A record of the Commission's vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Institutes Section 337 Investigation on Certain Ink Application Devices and Components Thereof and Methods of Using the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink application devices and components thereof, and methods of using the same. The products at issue in this investigation are ink application devices used in tattooing and permanent makeup application, specifically disposable needle cartridges designed to reduce health risks associated with the application.
The investigation is based on a complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, FL, on January 30, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink application devices and components thereof, and methods of using the same, that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
T-Tech Tattoo Device Inc. of Canada;
Yiwu Beyond Tattoo Equipments Co., Ltd. of China; and
Guangzhou Pengcheng Cosmetology Firm of China.
By instituting this investigation (337-TA-832), 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 six 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 on Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices for capturing and transmitting images and components thereof. The products at issue in this investigation are camera phones, tablet computers, and other handheld devices for capturing and transmitting images.
The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, on January 10, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices for capturing and transmitting images and components thereof that infringe patents asserted by Kodak. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Apple Inc., of Cupertino, CA;
High Tech Computer Corp. a/k/a HTC Corp., of Taiwan;
HTC America, Inc., of Bellevue, WA; and
Exedea, Inc., of Houston, TX.
By instituting this investigation (337-TA-831), 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 six 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 on Certain Dimmable Compact Fluorescent Lamps and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dimmable compact fluorescent lamps and products containing same. The products at issue in this investigation are dimmable compact fluorescent lamps (CFLs), which are light bulbs that function as direct replacements for dimmable incandescent light bulbs.
The investigation is based on an amended complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on February 8, 2012. An original complaint was filed on January 23, 2012. 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 dimmable compact fluorescent lamps and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK America, Inc., d/b/a Maxlite, of Fairfield, NJ;
U Lighting America Inc. of San Jose, CA;
Golden U Lighting Manufacturing (Shenzhen) Co. Ltd. of China;
Feit Electric Company, Inc., of Pico Rivera, CA;
General Electric Company of Fairfield, CT;
Xiamen Topstar Lighting Co. Ltd. of China;
Technical Consumer Products, Inc., of Aurora, OH;
TCP China of China;
TCP (Shanghai) Tiancanbao Lighting Electrical Applicance Co., Ltd., of China;
Shanghai Jensing Electron Electrical Equipment Co., Ltd., of China;
Shanghai Qiangling Electronics Co. Ltd. of China; and
Zhejiang Qiang Ling Electronic Co. Ltd. of China.
By instituting this investigation (337-TA-830), 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 six 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 on Certain Toner Cartridges and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof. The products at issue in this investigation are replaceable toner cartridges for use in laser beam printers and other laser printing machines, and photosensitive drums contained in such cartridges.
The investigation is based on a complaint filed by Canon, Inc., of Japan; Canon U.S.A., Inc., of Lake Success, NY; and Canon Virginia, Inc., of Newport News, VA, on January 23, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clover Holdings, Inc., of Hoffman Estates, IL;
Clover Technologies Group, LLC, d/b/a Depot International, f/k/a Depot America, f/k/a Image1 Products, of Ottawa, IL;
Clover Vietnam Co., Ltd., of Ho Chi Minh City, Vietnam;
Dataproducts USA, LLC, of Thousand Oaks, CA;
Dataproducts Imaging Solutions S.A. de C.V. of Mexicali, BC;
CAU, Inc., d/b/a Cartridges Are Us of Ithaca, MI;
Shanghai Orink Infotech International Co., Ltd., of China;
Orink Infotech International Co., Ltd., of Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of China;
Standard Image Co., Ltd., a/k/a Shanghai Orink Co., Ltd., of China;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Huebon Co., Limited, d/b/a Ink-Tank, of China;
Standard Image USA, Inc., d/b/a Imaging Standard Inc. of Santa Ana, CA;
Printronic Corporation, d/b/a Printronic.com, d/b/a InkSmile.com, of Santa Ana, CA;
Nukote, Inc., of Plano, TX;
Nukote Internacional de Mexico, S.A. de C.V., of Mexico;
Acecom, Inc. - San Antonio d/b/a InkSell.com, of San Antonio, TX;
Atman, Inc., d/b/a pcRUSH.com, of El Segundo, CA;
Dexxxon Digital Storage, Inc., of Lewis Center, OH;
Discount Office Items, Inc., of Columbus, WI;
Deal Express LLC d/b/a Discount Office Items of Columbus, WI;
Do It Wiser LLC d/b/a Image Toner of Marietta, GA;
E-Max Group, Inc., d/b/a Databazaar.com of Miramar, FL;
Green Project, Inc., of Hacienda Heights, CA;
GreenLine Paper Company, Inc., of York, PA;
IJSS Inc., d/b/a TonerZone.com, d/b/a InkJetSuperstore.com of Los Angeles, CA;
Imaging Resources, LLC, of Chatsworth, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Myriad Greeyn LLC of Virginia Beach, VA;
Office World, Inc., of Eugene, OR;
OfficeWorld.com, Inc., of Eugene, OR;
OnlineTechStores.com, Inc., d/b/a SuppliesOutlet.com of Reno, NV;
SupplyBuy.com, Inc., of Nashville, TN;
Virtual Imaging Products Inc. of Canada; and
Zinyaw LLC d/b/a TonerPirate.com, of Houston, TX.
By instituting this investigation (337-TA-829), 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 six 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 on Certain Video Displays and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video displays and products using and containing same. The products at issue in this investigation are computer monitors and televisions.
The investigation is based on a complaint filed by Mondis Technology, Ltd., London, England, on January 13, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain video displays and products using and containing same that infringe patents asserted by Mondis. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Chimei Innolux Corporation of Taiwan; and
Innolux Corporation of Austin, TX.
By instituting this investigation (337-TA-828), 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 six 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.