ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN AGRICULTURAL TRACTORS, LAWN TRACTORS,
RIDING LAWNMOWERS, AND COMPONENTS THEREOF
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain agricultural tractors, lawn tractors, riding lawnmowers, and components thereof.
The investigation is based on a complaint filed by New Holland North America, Inc., of New Holland, PA, on December 27, 2002. The complaint 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 tractors, and components thereof that misappropriate New Holland's trade dress. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.
With its complaint, New Holland also filed a motion for temporary relief seeking a temporary exclusion order and temporary cease and desist orders prohibiting the importation into and the sale within the United States of the allegedly infringing products during the course of the ITC's investigation. The ITC has provisionally accepted the motion and will rule within 90 days (or 150 days if the matter is declared "more complicated") after the notice of investigation appears in the Federal Register on whether to grant the temporary relief requested by New Holland.
The ITC has identified the following as respondents in this investigation:
By instituting this investigation (337-TA-486), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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.