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News Release 16-075
Inv. No(s). 337-TA-1009
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inflatable products and processes for making the same. The products at issue in the investigation are inflatable products, such as air mattresses, with internal tensioning structures that help maintain the intended shape of the product.
The investigation is based on a complaint filed by Intex Recreation Corp. of Long Beach, CA, and Intex Marketing Ltd. of Road Town, Tortola, British Virgin Islands, on May 19, 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 inflatable products and processes for making the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Bestway (USA) Inc. of Phoenix, AZ;
Bestway Global Holdings, Inc., of Shanghai, Peoples Republic of China;
Bestway (Hong Kong) Intemational, Ltd., of Kowloon, Hong Kong;
Bestway Inflatables & Materials Corporation of Shanghai, Peoples Republic of China; and
Bestway (Nantong) Recreation Corp. of Nantong, Jiangsu, Peoples Republic of China.
By instituting this investigation (337-TA-1009), 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.