The U.S. International Trade Commission (USITC) has voted to institute two separate investigations of certain toner supply containers and components thereof. The products at issue in the investigations are described in the Commission’s notices of investigation (337-TA-1259; 337-TA-1260).
The investigations are based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on March 8, 2021. A supplement to the Complaint was filed on March 26, 2021. 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 toner supply containers and components thereof that infringe 13 patents 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 one or both of these investigations:
Ninestar Corporation of Zhuhai Guangdong, China;
Ninestar Image Tech Limited of Zhuhai Guangdong, China;
Ninestar Technology Company, Ltd., of Chino, CA;
Static Control Components, Inc., of Sanford, NC;
General Plastic Industrial Co. Ltd. of Taichung, Taiwan;
Katun Corporation of Minneapolis, MN;
Sichuan XingDian Technology Co., Ltd., of Chendu, Sichuan, China;
Sichuan Wiztoner Technology Co., Ltd., of Chengdu, Sichuan, China;
Anhuiyatengshangmaoyouxiangongsi of Ganyuqu, China;
ChengDuXiangChangNanShiYouSheBeiYouXianGongSi of SiChuanSheng, China;
Copier Repair Specialists, Inc., of Lewisville, TX;
Digital Marketing Corporation d/b/a Digital Buyer Marketing Company of Los Angeles, CA;
Do It Wiser LLC d/b/a Image Toner of Wilmington, DE;
Easy Group, LLC, of Irwindale, CA;
Hefeierlandianzishangwuyouxiangongsi of Chengdushi, China;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Kuhlmann Enterprises, Inc. d/b/a Precision Roller of Phoenix, AZ;
LD Products, Inc., of Long Beach, CA;
NAR Cartridges of Burlingame, CA;
Shenzhenshi Keluodeng Kejiyouxiangognsi of Shenzhen, Guangdong, China;
Sun Data Supply, Inc., of Los Angeles, CA;
The Supplies Guys, Inc., of Lancaster, PA;
MITOCOLOR INC. of Rowland Heights, CA;
Xianshi yanliangqu canqiubaihuodianshanghang of Xianshi, Shanxisheng, China;
Zhuhai Henyun Image Co., Ltd., of Zhuhai, China; and
Zinyaw LLC d/b/a TonerPirate.com and Supply District of Houston, TX.
By instituting these investigations (337-TA-1259 and 337-TA-1260), the USITC has not yet made any decision on the merits of the cases. The USITC’s Chief Administrative Law Judge will assign each case to one of the USITC’s administrative law judges (ALJs), who will schedule and hold evidentiary hearings. The ALJs will make initial determinations as to whether there is a violation of section 337; those initial determinations are subject to review by the Commission.
The USITC will make final determinations in the investigations at the earliest practicable time. Within 45 days after institution of the investigations, the USITC will set target dates for completing the investigations. 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.