The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms and components thereof. 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 Varidesk LLC of Coppell, TX, on June 22, 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 height-adjustable desk platforms and components thereof 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:
Albeit LLC of San Francisco, CA;
ATC Supply LLC of Plainfield, IL;
Shenzhen Atc Network Scienology Co., LTD., of Shenzhen, Guangdong, China;
Best Choice Products of Ontario, CA;
Huizhou Chang He Home Supplies Co., Ltd., of Huizhou, Guangdong, China;
Dakota Trading, Inc., of Emerson, NJ;
Designa Inc. of Foshan City, Guangdong Province, China;
Designa Group, Inc., of El Dorado Hills, CA;
Eureka LLC of El Dorado Hills, CA;
LaMountain International Group LLC of El Dorado Hills, CA;
Amazon Import Inc. of El Monte, CA;
Hangzhou Grandix Electronics Co., Ltd., of Hangzhou, Zhejian, China;
Ningbo GYL International Trading Co., Ltd., of Ningbo, Zhejian, China;
Knape & Vogt Manufacturing Co. of Grand Rapids, MI;
JV Products Inc. of Milpitas, CA;
Vanson Distributing, Inc., of Milpitas, CA;
Vanson Group, Inc., of Milpitas, CA;
S. P. Richards Co. DBA Lorell of Smyrna, GA;
Nantong Jon Ergonomic Office Co., Ltd., of Nantong, Jiangsu, China;
Jiangsu Omni Industrial Co., Ltd., of Yangzhou, Jiangsu, China;
OmniMax USA, LLC, of Anna, TX;
Haining Orizeal Import and Export Co., Ltd., of Haining, China;
Qidong Vision Mounts Manufacturing Co., Ltd., of Qidong, Jiangsu, China;
Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China;
Smugdesk, LLC, of La Puente, CA;
Venditio Group, LLC, of Elkton, FL;
Versa Products Inc. of Los Angeles, CA;
Victor Technology, LLC, of Bolingbrook, IL;
CKnapp Sales, Inc. DBA Vivo of Goodfield, IL;
Wuhu Xingdian Industrial Co., Ltd., of Wuhu, Anhui, China; and
Wuppessen, Inc., of Ontario, CA.
By instituting this investigation (337-TA-1125), 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.