07/17/2024 | Press release | Distributed by Public on 07/17/2024 09:23
USITC Institutes Section 337 Investigation of Certain Disposable Vaporizer Devices
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain disposable vaporizer devices. 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 RAI Strategic Holdings, Inc of Winston-Salem, NC, R.J. Reynolds Vapor Company of Winston-Salem, NC, R.J. Reynolds Tobacco Company of Winston-Salem, NC, RAI Services Company of Winston-Salem, NC on June 11, 2024 and supplemented on June 12, 2024 and July 1, 2024. 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 disposable vaporizer devices that infringe a patent 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 respondents in this investigation:
By instituting this investigation (337-TA-1410), 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.
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