September 16, 2013
News Release 13-089
Inv. No. 337-TA-894
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain tires and products containing same. The products at issue in this investigation are tires with certain tread designs and sidewall designs.

The investigation is based on a complaint filed by Toyo Tire & Rubber Co., Ltd, of Osaka, Japan; Toyo Tire Holdings of Americas Inc. of Cypress, CA; Toyo Tire U.S.A. Corp. of Cypress, CA; Nitto Tire U.S.A. Inc. of Cypress, CA; and Toyo Tire North America Manufacturing Inc. of White, GA, on August 14, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tires and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Hong Kong Tri-Ace Tire Co., Ltd., of China;
Weifang Shunfuchang Rubber & Plastic Co., Ltd., of China;
Doublestar Dong Feng Tyre Co., Ltd., of China;
Shandong Yongtai Chemical Group Co., Ltd., of China;
MHT Luxury Alloys of Rancho Dominguez, CA;
Wheel Warehouse, Inc., of Anaheim, CA;
Shandong Linglong Tyre Co., Ltd., of China;
Dunlap & Kyle Company, Inc. d/b/a Gateway Tire and Service of Batesville, MS;
Unicorn Tire Corp of Memphis, TN;
West KY Customs, LLC, of Benton, KY;
Svizz-One Corporation Ltd. of Thailand;
South China Tire and Rubber Co., Ltd., of China;
American Omni Trading Co., LLC, of Houston, TX;
Tire & Wheel Master, Inc., of Stockton, CA;
Simple Tire of Cookeville, TN;
WTD Inc. of Cerritos, CA;
Guangzhou South China Tire & Rubber Co., Ltd., of China;
Turbo Wholesale Tires, Inc., of Irwindale, CA;
TireCrawler.com of Downey, CA;
Lexani Tires Worldwide, Inc., of Irwindale, CA;
Vittore Wheel & Tire of Asheboro, NC; and
RTM Wheel & Tire of Asheboro, NC.

By instituting this investigation (337-TA-894), 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.