The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain percussive massage devices. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Hyper Ice, Inc., of Irvine, CA, on June 17, 2020. A supplement was filed June 29, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain percussive massage devices that infringe patents asserted by the complainant. 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:
Addaday LLC of Santa Monica, CA;
Performance Health Systems, LLC, of Northbrook, IL;
WODFitters of Lorton, VA;
Massimo Motor Sports, LLC, of Garland, TX;
Kinghood International Logistics Inc. of La Mirada, CA;
Manybo Ecommerce Ltd. of Hong Kong;
Shenzhen Let Us Win-Win Technology Co., Ltd., of Shenzhen, Guangdong Province, China;
Shenzhen Infein Technology Co., Ltd., of Shenzhen, Guangdong, China;
Hong Kong Yongxu Capital Management Co., Ltd., of Wanchai, Hong Kong, China;
Laiwushiyu Xinuan Trading Company, Laiwu, Shandong District, China;
Shenzhen QingYueTang E-commerce Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Shiluo Trading Co., Ltd., of Shenzhen, Guangdong, China;
Kula eCommerce Co., Ltd., of Huizhou, Guangdong, China;
Fu Si of Shenzhen, Guangdong, China;
Shenzhen Qifeng Technology Co., Ltd., of Shenzhen, Guangdong, China;
Rechar, Inc., of Strasburg, CO;
Ning Chen of Yancheng, Jiangsu, China;
Opove of Azusa, CA; and
Shenzhen Shufang E-Commerce Co., Ltd., of Shenzhen, China.
By instituting this investigation (337-TA-1206), 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.