June 10, 2011
News Release 11-061
Inv. No. 337-TA-776
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN LIGHTING CONTROL DEVICES INCLUDING DIMMER SWITCHES
AND PARTS THEREOF (IV)
The U.S. International Trade Commission (USITC) has voted to institute a fourth investigation of certain lighting control devices including dimmer switches and parts thereof. The products at issue in this investigation are dimmer light switches for home and commercial use.
The investigation is based on a complaint filed by Lutron Electronic Co., Inc., of Coopersburg, PA, on May 16, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lighting control devices including dimmer switches and parts thereof that infringe patents asserted by Lutron. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Pass & Seymour, Inc., of Syracuse, NY;
AH Lighting of Los Angeles, CA;
American Top Electric Corp. of Santa Ana, CA;
Big Deal Electric Corp. of Santa Ana, CA;
Diode LED of Emeryville, CA;
Elemental LED, LLC, of Emeryville, CA;
Wenzhou Huir Electric Science & Technology Co. Inc. of China;
Westgate Mfg, Inc., of Vernon, CA;
Zhejiang Lux Electric Co. LTD of China; and
Zhejiang Yeulong Mechanical & Electric Co. LTD of China.
By instituting this investigation (337-TA-776), 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.