The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain child carriers, components thereof, and products containing the same. 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 LILLEbaby LLC of Golden, CO, on March 6, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain child carriers and components thereof that infringe patents asserted by the complainants. 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:
BabyBjorn AB of Bredaryd, Sweden;
BabyBjorn Inc. of New York, NY;
BabySwede LLC of Cleveland, OH;
Baby Tula LLC a/k/a New Baby Tula LLC of San Diego, CA;
Boba Inc. d/b/a Beco Baby Carrier of Boulder, CO;
ByKay BV of Wijchen, The Netherlands;
Artsana USA, Inc., f/k/a Chicco USA Inc. of Lancaster, PA;
Cybex GmbH of Bayreuth, Germany;
Columbus Trading Partners USA, Inc., of Boston, MA;
The Ergo Baby Carrier Inc. of Los Angeles, CA;
Blue Box OpCo LLC d/b/a Infantino of San Diego, CA;
Isara, Deneris Trade SRL of Floresti, Romania;
Jonobaby Babytragen of Potsdam, Germany;
Kokadi GmbH & Co. KG of Munich, Germany;
Lenny Lamb Sp. z.o.o. Sp.K of Warsaw, Poland;
Minimonkey BV of Amsterdam, The Netherlands;
Mountain Buggy USA a/k/a Phil and Teds USA Inc. of Fort Collins, CO;
Soul US Inc. of Bangalore, India;
Stokke AS of Aalesund, Norway;
Stokke LLC of Stamford, CT;
Tingtao Sunveno Co., Ltd., of Qingdao, China;
Wuxi Kangarouse Trading Co. Ltd. Enterprises d/b/a Kangarouse of Wuxi, China;
Jing Jiang Dimarco Packaging & Gifts Co., Jingjiang, China;
Jiangsu Matrix Textile Co., Ltd., of Jingjiang, China;
Quanzhou Mingrui Bags Co. Ltd. of Quanzhou, China;
L’Escharpe Porte Bonheur, Inc. d/b/a Chimparoo of Boucherville, Canada; and
Britax Child Safety, Inc., of Fort Mill, SC.
By instituting this investigation (337-TA-1154), 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.