News Release 23-029
Inv. No(s). 337-TA-1356
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain dermatological treatment devices 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 Serendia, LLC, of Lake Forest, CA, on March 1, 2023, and supplemented on March 2, 2023 (First Supplement); March 13, 2023 (Second and Third Supplements); and March 14, 2023 (Fourth Supplement). The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dermatological treatment devices and components that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a permanent limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Sung Hwan E&B Co., LTD. d/b/a SHEnB Co. LTD of Seoul, Republic of Korea;
- Aesthetics Biomedical, Inc., of Phoenix, AZ;
- Cartessa Aesthetics, LLC, of Melville, NY;
- Lutronic Corporation of Gyeonggi-do, Republic of Korea;
- Lutronic Aesthetics, Inc., AKA Lutronic Inc. of Billerica, MA;
- Lutronic, LLC, of Billerica, MA;
- Ilooda Co., Ltd., of Gyeonggi-do, Republic of Korea;
- Cutera, Inc., of Brisbane, CA;
- Jeisys Medical Inc. of Seoul, Republic of Korea;
- Cynosure, Inc., of Westford, MA;
- Rohrer Aesthetics, LLC, of Homewood, AL;
- Rohrer Aesthetics, Inc., of Homewood, AL;
- EndyMed Medical Ltd., of Caesarea, Israel;
- EndyMed Medical, Ltd., of New York, NY; and
- EndyMed Medical Inc., of Freehold, NJ.
By instituting this investigation (337-TA-1356), 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.