ITC Issues Limited Exclusion Order on Certain Portable Power Stations and Packaging Therefor
The International Trade Commission (ITC) has issued a limited exclusion order (order) against Sinochem Ningbo, Ltd. (Sinochem) of Ningbo, China in its section 337 patent-based investigation of certain portable power stations and packaging therefor.
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(This investigation was instituted based on a complaint filed by Roadmaster (USA) Corporation of Eatontown, New Jersey. The complaint, as amended and supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 USC 1337, in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain portable power stations and packaging therefor by reason of infringement of a U.S. Design Patent, a U.S. Trademark Registration, and a U.S. Copyright Registration. The complaint further alleged the existence of a domestic industry. The ITC's order states that these complaints are considered to be true by the ITC as a result of an administrative law judge's ruling.)
Infringing Articles Excluded from Entry Except Under License, Etc.
According to the text of the ITC order, portable power stations and packaging therefor that infringe one or more of the following: U.S. Design Patent No. D469,739, U.S. Trademark Registration No. 2,594,538, and U.S. Copyright Registration VA-1-261-495, that are manufactured abroad and/or imported by or on behalf of Sinochem, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, shall be excluded from entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent and copyright, or until such date as the trademark is abandoned, canceled, or rendered invalid or unenforceable, except under license of the patent, copyright or trademark owner or as provided by law.
Bond Amount During 60-Day Review Period is 100% of the Entered Value
Products that are excluded by the above paragraph are entitled to entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, under bond in the amount of 100% of the entered value, from the day after this order is received by the U.S. Trade Representative (USTR) until such time as the USTR notifies the ITC that this action is approved or disapproved, but in any event, not later than 60 days after the date of receipt of this order.
ITC Explanation of Exclusion Orders
In an FAQ regarding section 337 investigations, the ITC explains that a general exclusion order directs CBP to exclude all infringing articles without regard to source, whereas a limited exclusion order directs CBP to exclude all infringing articles that originate from a specified firm that was a respondent in the ITC investigation.
ITC Contact - Clint Gerdine (202) 708-5468
ITC Notice (Inv. No. 337-TA-563, FR Pub 11/15/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-19244.pdf
ITC limited exclusion order (issue date of 11/15/06, as posted to ITC Web site) available at
http://edisweb.usitc.gov/edismirror/337-563/Violation/265085/302369/42b/7d8513.pdf