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Inv. No(s). 337-TA-1334
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain raised garden beds 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 Vego Garden, Inc. of Houston, TX on September 13, 2022, supplemented on September 21, 2022, and amended on September 22, 2022. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition. The amended complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents in this investigation:
Huizhou Green Giant Technology Co., Ltd. of Guangdong, China;
Utopban International Trading Co., Ltd., d/b/a Vegega of Rosemead, CA;
Utopban Limited of Hong Kong;
The Hydro Source Inc., d/b/a Forever Garden Beds of El Monte, CA; and
VegHerb, LLC, d/b/a Frame It All of Cary, NC.
By instituting this investigation (337-TA-1334), 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.