ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN CLOSET FLANGE RINGS
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain closet flange rings. The product at issue in this investigation is a plumbing hardware device that is used in reseating toilets.
The investigation is based on a complaint filed by Pasco Specialty and Manufacturing Co., of Lynwood, CA, on November 20, 2000. Supplements to the complaint were filed on November 28, 2000, and December 6, 2000. The complaint as supplemented alleges violations 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 closet flange rings that infringe a patent owned by Pasco. In its complaint, Pasco requests that the ITC issue a permanent general exclusion order and a permanent cease and desist order.
The ITC has identified Jones Stephens Corporation of Moody, AL, as respondent in the investigation.
By instituting this investigation (337-TA-442), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Debra Morriss, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Morriss 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.