The investigation is based on a complaint filed by Fuji Photo Film, Co., Ltd., of Tokyo, Japan, on February 13, 1998. The complaint, as supplemented, alleges a violation of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lens-fitted film packages that infringe U.S. patents owned by Fuji. In its complaint, Fuji requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders barring the importation into and sale within the United States of the allegedly infringing products.
The ITC has identified the following companies as respondents in the investigation:
Achiever Industries Limited of Kowloon, Hong Kong;
Ad-Tek Specialties, Inc., of Westlake Village, CA;
AmerImage, Inc. d/b/a Rainbow Products of Davie, FL;
Argus Industries of Des Plaines, IL;
Boecks Camera LLC of Los Angeles, CA;
Boshi Technology Ltd. of Kowloon, Hong Kong;
BPS Marketing of Woodinville, WV;
China Film Equipment Corp. of Beijing, China;
Dynatec International, Inc., of Salt Lake City, UT;
E.T. Trading, Ltd. d/b/a Klikit of Brooklyn, NY;
Fast Shot of Houston, TX;
Forcecam, Inc., of Beverly Hills, CA;
Hachi International Inc. of New York, NY;
Innovative Trading Co. of Pasadena, CA;
Jazz Photo Corp. of Carteret, NJ;
Labelle Time, Inc., of North Miami, FL;
Linfa Photographic Ind. Co. Ltd. of East Kowloon, Hong Kong;
Opticam Inc. of Santa Monica, CA;
Opticolor Camera of Seattle, WA;
Penmax, Inc., of Monrovia, CA;
PhilmEx Photographic Film of Los Angeles, CA;
P.S.I. Industries, Inc., of Boca Raton, FL;
Rino Trading Co., Ltd., of Seoul, Korea;
Sakar International, Inc., of Edison, NJ;
T.D.A. Trading Corp. of Long Island City, NY;
Vantage Sales, Inc., of Elk Grove Village, IL; and,
Vivitar Corp. of Newbury Park, CA.
By instituting this investigation (337-TA-406), the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge, who will schedule and hold a hearing. The administrative law judge 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.