The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carburetors and products containing such carburetors. The products at issue in the investigation are described in the Commission’s Notice of Investigation.
The investigation is based on a complaint filed by Walbro, LLC, of Tucson, AZ, on June 14, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain carburetors and products containing such carburetors that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Ruixing Carburetor Manufacturing Co., Ltd., of Zhejiang, China;
Huayi Carburetor Factory of Chongking, China;
Tillotson of Kerry, Ireland;
Fujian Hualong Carburetor Co., Ltd., of China;
Fuding Guangda General Machinery Co., Ltd., of Fujian Province, China;
Wuyi Henghai Tools Co., Ltd., of Zhejiang, China;
Fuding Youyi Trade Co., Ltd., of Fujian, China;
Amazon.com, Inc., of Seattle, WA;
Amerisun Inc. of Itasca, IL;
Ardisam, Inc., of Cumberland, WI;
Buffalo Corporation of O’Fallon, MO;
Cabela’s Incorporated of Sidney, NE;
Champion Power Equipment, Inc., of Santa Fe Springs, CA;
Feldman Eng. & Mfg. Co., Inc., of Sheboygan Falls, WI;
FNA Group, Inc., of Pleasant Prairie, WI;
Frictionless World, LLC, of Denver, CO;
Generac Power Systems, Inc., of Wakesha, WI;
Husqvarna Professional Products, Inc., of Charlotte, NC;
Imperial Industrial Supply Co. d/b/a Duromax Power Equipment of Ontario, CA;
Kmart Corporation of Hoffman Estates, IL;
Lowe’s Companies, Inc., of Mooresville, NC;
Mat Industries, LLC, of Lake Zurich, IL;
Menards, Inc., of Eau Claire, WI;
MTD Products Inc. of Valley City, OH;
North American Tool Industries of Huntington, IN;
Northern Tool & Equipment Co., Inc., of Burnsville, MN:
QV Tools LLC of Las Vegas, NV;
Sears, Roebuck and Co. of Hoffman Estates, IL;
Target Corporation of Minneapolis, MN;
Techtronics Industries Co. Ltd. of Hong Kong d/b/a Techtronic Industries Power Equipment of Hong Kong;
The Home Depot, Inc., of Atlanta, GA;
Thunderbay Products of Clayton, WI;
Tool Tuff Direct LLC of Golden, CO;
Tractor Supply Company of Brentwood, TN; and
Walmart Inc. of Bentonville, AR.
By instituting this investigation (337-TA-1123), 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.