News Release 23-034
Inv. No(s). 337-TA-1360
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain portable battery jump starters 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 The NOCO Company of Glenwillow, OH, on February 13, 2023. An amended complaint was filed on March 13, 2023. The complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain portable battery jump starters and components thereof by reason of common law trade dress infringement and false designation of origin, and false advertising, and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the USITC issue a permanent limited exclusion order and cease and desist orders.
- Shenzhen Carku Technology Co., Ltd., of Shenzhen, Guangdong, China;
- Aukey Technology Co., Ltd., of Shenzhen, China;
- Metasee LLC of Pearland, TX;
- Ace Farmer LLC of Houston, TX;
- Shenzhen Konghui Trading Co., Ltd., d/b/a Hulkman Direct of Shenzhen, Guangdong, China;
- HULKMAN LLC of Santa Clara, CA; and
- Shenzhenshi Daosishangmao Youxiangongsi d/b/a/ Fanttik Direct of Shenzhen, Guangdong, China.
By instituting this investigation (337-TA-1360), 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.