The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized self-balancing vehicles.  The products at issue in the investigation are two-wheeled motorized vehicles that resemble skateboards.

The investigation is based on a complaint filed by Razor USA LLC of Cerritos, CA, and Inventist, Inc., and Shane Chen, both of Camas, WA, on March 22, 2016.  Letters supplementing the complaint were filed on March 23, April 12, April 13, April 18, and May 5, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain motorized self-balancing vehicles by reason of infringement of a patent asserted by the complainants, and by reason of false advertising, misrepresentation and unfair competition.  The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong;
Alibaba.com Ltd. of Hangzhou, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Contixo of Ontario, CA;
ZTO Store a.k.a. ZTO Trading Inc., of Monterey Park, CA;
CyBoard LLC a.k.a. Shark Empire Inc. of Glendale, CA;
Genius Technologies a.k.a. Prime Capital of Hastings, MN;
GyroGlyder.com of Stockton, CA;
HoverTech of Hebron, KY;
InMotion Entertainment Group LLC of Jacksonville, FL;
Soibatian Corporation d/b/a/IO Hawk and d/b/a Smart Wheels of Glendale, CA;
Jetson Electric Bikes LLC of New York, NY;
Joy Hoverboard, a.k.a. Huizhou Aoge Enterprize Co. Ltd. of Huizhou, China;
Shenzhen Kebe Technology Co., Ltd., of Shenzhen, China;
Leray Group of Beijing, China;
Modell’s Sporting Goods, Inc., of New York, NY;
Newegg.com Inc. of City of Industry, CA;
PhunkeeDuck, Inc., of Floral Park, NY;
Powerboard a.k.a. Optimum Trading Co. of Hebron, KY;
Shareconn International, Inc., of Shenzhen, Guangdong, China;
Shenzhen Chenduoxing Electronic Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Jomo Technology Co., Ltd., of Shenzhen City, China;
Shenzhen R.M.T. Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Supersun Technology Co. Ltd. a.k.a. Aottom of Shenzhen, Guangdong, China;
Skque Products of Irwindale, CA;
Spaceboard USA of Norcross, GA;
Swagway LLC of South Bend, IN;
Twizzle Hoverboard of La Puente, CA; and
Uwheels of Santa Ana, CA.

By instituting this investigation (337-TA-1000), 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.