July 14, 2011
News Release 11-085
Inv. No. 337-TA-790
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain coenzyme Q10 products and methods for making same. The products at issue in this investigation contain coenzyme Q10 and are used as a "heart healthy" nutritional supplements and in "anti-aging" cosmetics.
The investigation is based on a complaint filed by Kaneka Corporation of Japan on June 17, 2011. Supplements to the complaint were filed on June 24 and 27, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain coenzyme Q10 products and methods of making same that infringe a patent asserted by Kaneka. 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:
Zhejiang Medicine Co., Ltd., of China;
ZMC-USA, L.L.C., of The Woodlands, TX;
Xiamen Kingdomway Group Company of China;
Pacific Rainbow International, Inc., of City of Industry, CA;
Mitsubishi Gas Chemical Company, Inc., of Japan;
Maypro Industries, Inc., of Purchase, NY; and
Shenzhou Biology & Technology Co., Ltd., of China.
By instituting this investigation (337-TA-790), 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.