The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light reflectors and components, packaging, and related advertising thereof. The products at issue in this investigation are light reflectors used in indoor and greenhouse gardening.
The investigation is based on a complaint filed by Sunlight Supply, Inc., of Vancouver, WA, and IP Holdings, LLC, of Vancouver, WA, on June 20, 2014. An amended complaint was filed on July 11, 2014. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 by reason of the importation into the United States and sale of certain light reflectors and components, packaging, and related advertising thereof that infringe patents and registered U.S. trademarks asserted by the complainants, and by reason of false advertising. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Sinowell (Shanghai) Co., Ltd., of Shanghai, China;
Sinohydro Ltd. of Hong Kong, China;
Groco Enterprises, LLC, of Bellevue, WA;
Good Nature Garden Supply of Sacramento, CA;
Aqua Serene, Inc., of Eugene, OR;
Aurora Innovations, Inc., of Eugene, OR;
Big Daddy Garden Supply, Inc., of Ukiah, CA;
Bizright, LLC, of City of Industry, CA;
The Hydro Source II, Inc., of Santa Fe Springs, CA;
Insun, LLC, of Bellevue, WA;
Lumz'N Blooms, Ltd. Corp. of Apopka, FL;
Parlux LP of Snohomish, WA;
Silversun, Inc., of Gig Harbor, WA; and
Zimbali Group, Inc., of Bellevue, WA.
By instituting this investigation (337-TA-923), 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.