July 11, 2013
News Release 13-067
Inv. No. 337-TA-887
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN CRAWLER CRANES AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain crawler cranes and components thereof. The products at issue in this investigation are mobile cranes that use variable position counterweight ("VPC") technology to improve operation and use of the cranes.
The investigation is based on a complaint filed by Manitowoc Cranes, LLC, of Manitowoc, WI, on June 12, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale after importation of certain crawler cranes and components thereof that infringe patents asserted by Manitowoc Cranes. The complaint also alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale after importation of certain crawler cranes and components thereof that threaten to destroy or substantially injure an industry in the United States or to prevent the establishment of such an industry due to misappropriation of trade secrets owned by Manitowoc Cranes. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Sany Heavy Industry Co., Ltd., of Changsha, Hunan Province, China; and
Sany America, Inc., of Peachtree City, GA.
By instituting this investigation (337-TA-887), 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 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.