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News Release 24-063
Inv. No(s). 337-TA-1407
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain eye cosmetics and packaging 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 Amarte USA Holdings, Inc of Redding CA, on May 20, 2024, and amended on May 31, 2024 and June 7, 2024, and supplemented on June 28, 2024. The second amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and in the sale of certain eye cosmetics and packaging thereof by reason of infringement of a registered trademark, unfair competition, and false advertising. 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 respondents in this investigation:
- Unilever PLC, Port Sunlight, United Kingdom
- Unilever United States, Inc. Englewood Cliffs, NJ
- Carver Korea Co., Ltd., Seoul, South Korea
- Bourne & Morgan Ltd., London, United Kingdom
- MZ Skin Ltd., Borehamwood, United Kingdom
- Kaibeauty, Taipei City, Taiwan
- I’ll Global Co., Ltd., Seoul, South Korea
- Hikari Laboratories Ltd., Bnei Atarot, Israel
- Iman Cosmetics, London, United Kingdom
- Strip Lashed, Rotherham, United Kingdom
- Kelz Beauty, Budapest, Hungary
By instituting this investigation (337-TA-1407), 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.