America’s International Trade Commission (USITC) has voted to start an investigation of certain tyres and products, namely those tyres with certain tread designs and sidewall designs.
The investigation is based on a complaint filed by Toyo Tire & Rubber, Toyo Tire Holdings of Americas, Toyo Tire USA, Nitto Tire US and Toyo Tire North America Manufacturing on 14 August, alleging “violations of section 337 of the Tariff Act of 1930 in the importation into the US and sale of certain tyres and products containing same that infringe patents asserted by the complainants,” according to a USITC statement.
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“The complainants request the USITC issue a limited exclusion order and cease and desist orders.”
USITC adds by starting the investigation, it 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.
“Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation,” continued the Commission.
“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 US Trade Representative within that 60-day period.”
