USITC Institutes Section 337 Investigation Of Certain Gas Spring Nailer Products And Components Thereof

November 14, 2017
News Release 17-165
Inv. No. 337-TA-1082
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation Of Certain Gas Spring Nailer Products And Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain gas spring nailer products and components thereof.  The products at issue in the investigation are gas spring nailers that often have a trigger and use compressed gas such as air to drive nails.  These products are often used for commercial and residential construction projects.

The investigation is based on a complaint filed by Kyocera Senco Brands Inc., of Cincinnati, OH, on September 26, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain gas spring nailers and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified Hitachi Koki U.S.A., Limited, of Braselton, GA, as the respondent in this investigation.

By instituting this investigation (337-TA-1082), 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.

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