ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN PLASTIC FOOD CONTAINERS
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain plastic food containers. The products at issue in this investigation are plastic food containers sold to end-users, such as restaurants, educational and government institutions with food programs, and food processors, which are used for packaging food.
The investigation is based on a complaint filed by Newspring Industrial Corporation of Kearny, NJ, on May 17, 2004, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain plastic food containers that infringe patents owned by the complainant. A supplement to the complaint was filed on June 3, 2004. The complainant requests that the ITC issue a general exclusion order and permanent cease and desist orders.
The ITC has identified the following as respondents in this investigation:
By instituting this investigation (337-TA-514), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.