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USITC Institutes Section 337 Investigation on Certain Toner Cartridges and Components Thereof

October 6, 2010
News Release 10-112
Inv. No. 337-TA-740
Contact: Peg O'Laughlin, 202-205-1819
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 and components thereof used to supply toner to laser printers.

The investigation is based on a complaint filed by Lexmark International, Inc., of Lexington, KY, on August 20, 2010. 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 Lexmark. 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:

  • Ninestar Image Co., Ltd., of China;

  • Ninestar Image Int'l, Ltd., of China

  • Seine Image International Co. Ltd. of Hong Kong;

  • Ninestar Technology Company, Ltd., of Piscataway, NJ;

  • Ziprint Image Corporation of Walnut, CA;

  • Nano Pacific Corporation of South San Francisco, CA;

  • IJSS Inc. (d/b/a TonerZone.com Inc. and Inkjet Superstore) of Los Angeles, CA;

  • Chung Pal Shin (d/b/a Ink Master) of Cerritos, CA;

  • Nectron International, Inc., of Sugarland, TX;

  • Quality Cartridges Inc. of Brooklyn, NY;

  • Direct Billing International Incorporated of Carlsbad, CA;

  • E-Toner Mart, Inc., of South El Monte, CA;

  • Alpha Image Tech of South El Monte, CA;

  • ACM Technologies, Inc., of Corona, CA;

  • Virtual Imaging Products, Inc., of Canada;

  • Acecom Inc. San Antonio (d/b/a/ inksell.com) of San Antonio, TX;

  • Ink Technologies Printer Supplies, LLC, of Dayton, OH;

  • Jahwa Electronics Co., Ltd., of South Korea;

  • Huizhou Jahwa Electronics Co., Ltd., of China;

  • Copy Technologies, Inc., of Atlanta, GA;

  • Laser Toner Technology, Inc., of Atlanta, GA;

  • C & R Services, Incorporated of Corinth, TX;

  • Print-Rite Holdings Ltd. of Hong Kong; and

  • Union Technology Int'l (M.C.O.) Co. of Macao.

By instituting this investigation (337-TA-740), 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.

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