April 16, 2012
News Release 12-039
Inv. No. 337-TA-838
Contact: Peg O'Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN FOOD WASTE DISPOSERS AND COMPONENTS AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food waste disposers and components and packaging thereof. The products at issue in this investigation are undersink-mounted food waste disposers.

The investigation is based on a complaint filed by Emerson Electric Co. of St. Louis, MO, on March 16, 2012. A letter supplementing the complaint was filed on March 29, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food waste disposers and components and packaging thereof by reason of design patent infringement, registered trademark and common law trademark infringement, trade dress infringement, passing off and trademark dilution. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified Anaheim Manufacturing Company of Brea, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-838), 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.

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