News Release 16-074
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof. The products at issue in the investigation are medical supply, trauma and training products, including spine boards, cervical collars, CPR masks, and training manikins.
The investigation is based on a complaint filed by Laerdal Medical Corp. of Wappingers Falls, NY, and Laerdal Medical AS of Stavanger, Norway, on March 21, 2016. An amended complaint was filed on May 18, 2016. A supplement to the amended complaint was filed on June 7, 2016. The amended complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof that infringe patent, copyright, trademark, and trade dress rights asserted by the complainants. 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:
Shanghai Evenk International Trading Co., Ltd., of Shanghai, China;
Shanghai Honglian Medical Instrument Development Co., Ltd., of Shanghai, China;
Shanghai Jolly Medical Education Co., Ltd., of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., of Ziangjiagang City, Jiangsu, China;
Zhangjiagang New Fellow Med Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical Equipment Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangyin Everise Medical Devices Co., Ltd., of Jiangyin City, Jiangsu, China;
Medsource International Co., Ltd. and Medsource Factory, Inc., of PuDong, China; and
Basic Medical Supply, LLC, of Richmond, TX.
By instituting this investigation (337-TA-1008), 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.