The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain woven textile fabrics and products containing same. The products at issue in the investigation are high thread count cotton and polyester sheets and bedding products.
The investigation is based on a complaint filed by AAVN, Inc., of Richardson, TX, on October 1, 2015. An amended complaint was filed on October 20, 2015, and a second amended complaint was filed on November 12, 2015. The complaint, as twice amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain woven textile fabrics and products containing same that infringe a patent asserted by AAVN or are the subject of false and misleading advertising. The complainant requests that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
AQ Textiles, LLC, of Greensboro, NC;
Creative Textile Mills Pvt. Ltd. of Mumbai, Maharashtra, India;
Indo Count Industries Ltd. of Mumbai, Maharashtra, India;
Indo Count Global, Inc., of New York, NY;
GHCL Ltd. of Pradesh, India;
Grace Home Fashions LLC of New York, NY;
E & E Company, Ltd., of Thane, Maharashtra, India;
E & E Company, Ltd., d/b/a JLA Home, of Fremont, CA;
Welspun Global Brands Ltd. of Gujarat, India;
Welspun USA Inc. of New York, NY;
Elite Home Products, Inc., of Saddle Brook, NJ;
Pradip Overseas Ltd. of Ahmedabad, India;
Pacific Coast Textiles, Inc., of Garden Grove, CA;
Amrapur Overseas, Inc., of Garden Grove, CA; and
Westport Linens, Inc., of New York, NY.
By instituting this investigation (337-TA-976), 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.