July 26, 2016
News Release 16-096
Inv. No(s). 337-TA-1015
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Hand Dryers and Housings for Hand Dryers

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hand dryers and housings for hand dryers.  The products at issue in the investigation are hand dryers, including high-efficiency hand dryers typically used in restrooms in commercial settings. 

The investigation is based on a complaint filed by Excel Dryer, Inc., of East Longmeadow, MA, June 24, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hand dryers and housings for hand dryers that infringe the complainant’s trade dress.  The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

ACL Group (Intl.) Ltd. of Doncaster, United Kingdom;
Alpine Industries Inc. of Irvington, New Jersey;
FactoryDirectSale of Ontario, CA;
Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of Xiamen, Fujian, China;
Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of Jinhua City, Zhejiang Province, China;
Penson & Co. of Shanghai, China;
Taizhou Dihour Electrical Appliances Co. Ltd. of Wenling City, ZheJiang Province, China;
TC Bunny Co., Ltd., of Shanghai, China;
Toolsempire of Ontario, CA;
US Air Hand Dryer of Sacramento, CA;
Sovereign Industrial (Jiaxing) Co. Ltd. of Jiaxing Zhejiang Jiaxing, China; and
Zhejiang Aike Appliance Co., Ltd. of Xianju, Taizhou, Zhejiang, China.

By instituting this investigation (337-TA-1015), 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 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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