May 17, 2010
News Release 10-053
Inv. No. 337-TA-718
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN ELECTRONIC PAPER TOWEL DISPENSING DEVICES
AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic paper towel dispensing devices and components thereof. The products at issue in this investigation are hands-free paper towel dispensers commonly seen in commercial settings.
The investigation is based on a complaint filed by Georgia-Pacific Consumer Products LP of Atlanta, GA, on April 19, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic paper towel dispensing devices and components thereof that infringe patents asserted by Georgia-Pacific. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as the respondents in this investigation:
Kruger Products LP of Canada;
KTG USA LP of Memphis, TN;
Stefco Industries, Inc., of Haines City, FL;
Cellynne Corporation of Haines City, FL;
Draco Hygienic Products Inc. of Ontario, CA;
NetPak Electronic Plastic and Cosmetic, Inc., of Chicago, IL;
NetPak Elektronik Plastik ve Kozmetik Sanayi Ve Ticaret Ltd. of Turkey;
Paradigm Marketing Consortium, Inc., of Syosset, NY;
United Sourcing Network Corp. Of Syosset, NY;
New Choice (H.K.) Ltd. of Hong Kong; and
Vida International Inc. of Taiwan.
By instituting this investigation (337-TA-718), 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.