The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vacuum insulated flasks and components thereof. 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 Steel Technology LLC d/b/a Hydro Flask of Bend, OR, and Helen of Troy Limited of El Paso, TX, on July 29, 2020. A supplement to the complaint was filed on August 18, 2020. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vacuum insulated flasks and components thereof that infringe patents and registered trademarks asserted by the complainants. The complainants request 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:
Everich and Tomic Houseware Co., Ltd., of Hangzhou, China;
Cangnan Kaiyisi E-Commerce Technology Co., Ltd., of Wenzhou, Zhejiang, China;
Shenzhen Huichengyuan Technology Co., Ltd., of Shenzhen, Guangdong, China;
Sinbada Impex Co., Ltd., of Hefei, Anhui, China;
Yongkang Huiyun Commodity Co., Ltd., of Jinhua, Zhejiang, China;
Wuyi Loncin Bottle Co., Limited, of Jinhua, Zhejiang, China;
Yiwu Honglu Daily Necessities Co., Ltd., Yiwu City, Zhejiang, China;
Zhejiang Yuchuan Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Zhejiang Yongkang Unique Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Suzhou Prime Gifts Co., Ltd., of Suzhou, Jiangsu, China;
Hangzhou Yuehua Technology Co., Ltd., of Hangzhou, Zhejiang, China;
Guangzhou Yawen Technology Co., Ltd., of Tianhe District, Guangzhou, China;
Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang Province, China;
Jinhua Ruizhi Electronic Commerce Co., Ltd., of Jinhua City, Zhejiang Province, China;
Womart (Tianjin) International Trade Co., Ltd., of Tianjin, China;
Shenzhen Yaxin General Machinery Co., Ltd., of Shenzhen, China;
Dunhuang Group a.k.a. DHgate of Beijing, China;
Eddie Bauer, LLC, of Bellevue, WA;
PSEB Holdings, LLC, of Wilmington, DE; and
HydroFlaskPup of Phoenix, AZ.
By instituting this investigation (337-TA-1216), 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.