The U.S. International Trade Commission (USITC) voted to institute an investigation of certain graphics systems, components thereof, and digital televisions containing the same. 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 Advanced Micro Devices, Inc. of Santa Clara, CA and ATI Technologies ULC of Markham, Ontario, Canada on May 5, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain graphics systems, components thereof, and digital televisions containing the 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 the respondents this investigation:
TCL Industries Holdings Co., Ltd. of Huizhou, Guangdong, China;
TCL Industries Holdings (H.K.) Limited of Pak Shek Kok, New Territories, Hong Kong;
TCL Electronics Holdings Limited, of Sha Tin, New Territories, Hong Kong;
TCL Technology Group Corporation of Huizhou, Guangdong, China;
TTE Corporation of Sha Tin, New Territories, Hong Kong;
TCL Holdings (BVI) Limited of Sha Tin, New Territories, Hong Kong;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, Guangdong, China;
Shenzhen TCL New Technologies Co., Ltd. of Shenzen, Guangdong, China;
TCL MOKA International Limited of Sha Tin, New Territories, Hong Kong;
TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam;
Manufacturas Avanzadas SA de CV of Ciudad Juárez, Chihuahua, Mexico;
TCL Electronics Mexico, S de RL de CV of Benito Juarez, Distrito Federal, Mexico;
TCL Overseas Marketing Ltd. of Sha Tin, New Territories, Hong Kong; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.
By instituting this investigation (337-TA-1318), 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.