February 29, 2012
News Release 12-022
Inv. No. 337-TA-832
Contact: Peg O'Laughlin, 202-205-1819
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.