USITC Institutes Section 337 Investigation of Certain Antibody Drug Conjugates and Components Thereof and Products Containing the Same
USITC Institutes Section 337 Investigation of Certain Antibody Drug Conjugates and Components Thereof and Products Containing the Same
The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain antibody drug conjugates and components thereof and products containing the 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 behalf AbbVie Inc. of North Chicago, Illinois; ImmunoGen, Inc. of Waltham, Massachusetts; and ImmunoGen Switzerland GmbH of Zurich, Switzerland on November 17, 2025. A letter supplementing the complaint was filed on December 10, 2025. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain antibody drug conjugates and components thereof and products containing the same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry or prevent the establishment of a domestic industry. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- ProfoundBio US Co., Seattle, Washington
- ProfoundBio (Suzhou) Co., Ltd., Suzhou, China
- Genmab A/S, Valby, Denmark
- Genmab B.V., Utrecht, Netherlands
- Genmab US, Inc., Plainsboro, New Jersey
By instituting this investigation (337-TA-1466), 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.