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USITC Institutes Section 337 Investigation of Certain Aquarium Fittings and Parts Thereof

December 8, 2015
News Release 15-118
Inv. No. 337-TA-974
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Aquarium Fittings and Parts Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain aquarium fittings and parts thereof.  The products at issue in the investigation are accessories for fish tanks.

The investigation is based on a complaint filed by HYDOR USA, Inc., of Sacramento, CA, on November 6, 2015.  Letters supplementing the complaint were filed on November 25, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain aquarium fittings and parts thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or a limited exclusion order if a general exclusion order is not issued, and a cease and desist order.

The USITC has identified JEBAO Co., Ltd., of Dongsheng Town, Zhongshan City, Guangdong Province, China, as the respondent in this investigation.

By instituting this investigation (337-TA-974), 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.

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