The U.S. International Trade Commission (USITC) voted to institute an investigation of certain centrifuge utility platform and falling film evaporator systems 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 Apeks, LLC of Johnstown, OH on March 29, 2022, which was supplemented by letter on April 14, 2022. 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 centrifuge utility platform and falling film evaporator systems and components thereof. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Ambiopharm Inc. of Beech Island, SC;
Calpha Industries Inc. of Laguna Hills, CA;
Comerg, LLC of Phoenix, AZ;
Ezhydro of Sacremento, CA;
Henan Lanphan Industry Co., Ltd. of Zhengzhou, Henan Province, China;
HX Labs, LLC of Albany, OR;
Idea Makers, LLC of Salt Lake City, UT;
Lab1st Scientific and Industrial Equipment, Inc. of Shanghai, China;
Miracle Education Distributors, Inc. of Cathedral City, CA;
Mountain Pure, LLC of Vineyard, UT;
Redford Management of Los Angeles, CA;
Ri Hemp Farms, LLC of West Greenwich, RI;
Shanghai Yuanhuai Industries Co. Ltd. of Shanghai City, China;
Toption Instrument Co., Ltd. of Shaanxi Province, China; and
Zhangjiagang Chunk Trading Corp. d/b/a Zhangjiagang Charme Trading Corp. Ltd. of Jiangsu Province, China.
By instituting this investigation (337-TA-1311), 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.