February 6, 2001
News Release 01-015
Inv. No. 337-TA-448

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN OSCILLATING SPRINKLERS, SPRINKLER COMPONENTS, AND NOZZLES

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain oscillating sprinklers, sprinkler components, and nozzles. The products at issue in this investigation are spray nozzles and oscillating sprinklers for use with lawn and garden hoses.

The investigation is based on a complaint filed by L.R. Nelson Corporation of Peoria, IL, on January 8, 2001. An amended complaint was filed on January 31, 2001. The complaint, as amended, 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 oscillating sprinklers, sprinkler components, and nozzles that infringe three patents owned by Nelson. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following companies as respondents in this investigation:

By instituting this investigation (337-TA-448), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

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