September 22, 2010
News Release 10-106
Inv. No. 337-TA-736
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN WIND AND SOLAR-POWERED LIGHT POSTS AND STREET LAMPS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wind and solar-powered light posts and street lamps. The products at issue in this investigation are street lamps and light posts of a certain ornamental design which utilize wind and solar energy to charge a battery which powers a panel of light-emitting diodes.
The investigation is based on a complaint filed by Duggal Dimensions LLC, Duggal Energy Solutions, LLC, and Duggal Visual Solutions, Inc., of New York, NY, on August 6, 2010. A supplement to the complaint was filed on September 9, 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 wind and solar-powered light posts and street lamps that infringe a design patent asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Gus Power Incorporated of Canada;
Efston Science Inc. of Canada;
King Luminaire, Inc., of Jefferson, OH; and
The StressCrete Group of Canada.
By instituting this investigation (337-TA-736), 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.