The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain arrowheads with deploying blades and components thereof and packaging therefor. The products at issue in the investigation are arrowheads for hunting with blades that deploy upon impacting a target.
The investigation is based on a complaint filed by FeraDyne Outdoors LLC and Out RAGE LLC, both of Cartersville, GA, on November 17, 2015. A supplement to the complaint was filed on December 4, 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 arrowheads with deploying blades and components thereof and packaging therefor that infringe patents and a trademark asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Linyi Junxing Sports Equipment Co., Ltd., of Linyi, Shandong, China;
Ningbo Faith Sports Co., Ltd., of Ningbo, Zhejiang, China;
Ningbo Forever Best Import & Export Co. Ltd. of Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co., Ltd., of Ningbo, Zhejiang, China;
Shenzhen Zowaysoon Trading Company Ltd. of Shenzhen, China;
Xiamen Xinhongyou Industrial Trade Co. Ltd. of Xiamen, Fujian, China;
Xiamen Zhongxinyuan Industry & Trade Ltd. of Xiamen, Fujian, China;
Zhengzhou IRQ Trading Limited Company of Henan, China; and
Zhengzhou Paiao Trade Co., Ltd., of Zhengzhou, Henan, China.
By instituting this investigation (337-TA-977), 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.