The investigation is based on a complaint filed by Matthew Bullock of McLean, VA, and Walnut Industries, Inc., of Bensalem, PA, on November 24, 2009. Supplements to the complaint were filed on December 9 and 11, 2009. 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 restraining systems for transport containers and components thereof that infringe patents and registered copyrights asserted by Bullock and Walnut Industries, and by reason of false advertising and misrepresentation. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as the respondent in this investigation:
Qingdao Auront Industry & Trade Co., Ltd. of Shandong, China.
By instituting this investigation (337-TA-696), 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 six 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.