The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain polycrystalline diamond compacts and articles containing 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 US Synthetic Corporation of Orem, UT, on November 23, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain polycrystalline diamond compacts and articles containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SF Diamond Co., Ltd., of Zhengzhou, Henan, China;
SF Diamond USA, Inc., of Spring, TX;
Element Six Abrasives Holdings Ltd. of London, United Kingdom;
Element Six Global Innovation Centre of Oxfordshire, United Kingdom;
Element Six GmbH of Burghaun, Germany;
Element Six Limited of Nuffield, Springs, South Africa;
Element Six Production (Pty) Limited of Shannon, County Clare, Ireland;
Element Six Hard Materials (Wuxi) Co. Limited of Meicun, Wuxi New District, China;
Element Six Trading (Shanghai) Co. Limited of Pudong New District, Shanghai, China;
Element Six Technologies US Corporation of Santa Clara, CA;
Element Six US Corporation of Spring, TX;
ServSix US of Orem, UT;
Synergy Materials Technology Limited of Hong Kong, China;
Iljin Diamond Co., Ltd., of Seoul, Republic of Korea;
Iljin Holdings Co., Ltd., of Seoul, Republic of Korea;
Iljin USA Inc. of Houston, TX;
Iljin Europe GmbH of Eschborn, Germany;
Iljin Japan Co., Ltd., of Tokyo, Japan;
Iljin China Co., Ltd., of Minhang District, Shanghai, China;
Henan Jingrui New Material Technology Co., Ltd., of Zhengzhou City Airport, Henan, China;
Zhengzhou New Asia Superhard Materials Composite Co., Ltd., of Zhengzhou, Henan, China;
International Diamond Services, Inc., of Houston, TX;
CR Gems Superabrasives Co., Ltd., of Songjiang District, Shanghai, China;
FIDC Beijing Fortune International Diamond of Haidian District, Beijing, China;
Fujian Wanlong Superhard Material Technology Co., Ltd., of Quangzhou, Economic and Technology Development Zone, Fujian, China;
Zhuhai Juxin Technology of Zhuhai, Guangdong Province, China; and
Shenzhen Haimingrun Superhard Materials Co., Ltd., of Shenzhen City, Guangdong, China.
By instituting this investigation (337-TA-1236), 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.