July 13, 2010
News Release 10-078
Inv. No. 337-TA-727
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN UNDERGROUND CABLE AND PIPE LOCATORS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain underground cable and pipe locators. The products at issue in this investigation are electronic devices used to detect buried pipes and cables.
The investigation is based on a complaint filed by Radiodetection Ltd. of Bristol, United Kingdom, on June 11, 2010. A letter supplementing the complaint was filed on June 29, 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 underground cable and pipe locators that infringe a patent asserted by Radiodection. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Vivax-Metrotech Corp. of Santa Clara, CA;
SebaKMT of Germany; and
Leidi Utility Supply Ltd. of China.
By instituting this investigation (337-TA-727), 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.