New Unfair Import Investigation Requests

 

On May 5, 2004, Thomas Baumgartner and Hillbilly Smokehouse, Inc. filed a "Section 337" complaint at the U.S. International Trade Commission requesting an unfair import investigation involving "Pet Food Treats." The proposed respondents named in the complaint are IMS Pet Industries, North Bergen, NJ; LLB Holdings, Aiea, Hawaii; Pet Center, Los Angeles, CA; TsingTao ShengRong Seafood, Columbus, OH; and Alan Lee Distributors, San Ramon, CA. The complaint has been designated as confidential and assigned Docket No. 337-2368 for indexing in the Commission's database at https://edis.usitc.gov/hvwebex//.

 

On May 5, 2004, Trend Micro Incorporated filed an unfair import complaint requesting an investigation involving "Systems for Detecting Viruses or Worms." The proposed respondent named in this complaint is Fortinet, Inc., Sunnyvale, CA. The complaint has been designated as confidential and assigned Docket No. 337-2369 for indexing in the Commission's database.

 

On May 6, 2004, Hewlett-Packard Development Company and Hewlett-Packard Company filed an unfair import complaint requesting an investigation involving "Personal Computers and Server Computers." The proposed respondent named in this complaint is Gateway, Inc. The complaint has been designated as confidential and assigned Docket No. 337-2370 for indexing in the Commission's database.

 

On May 6, 2004, OSRAM Gmbh and OSRAM Opto Semiconductors Gmbh filed an unfair import complaint requesting an investigation involving "Light-Emitting Diodes." The proposed respondents named in this complaint are Dominant Semiconductors Sdn. Bhd., (Malaysia); American Microsemiconductor Inc.; and American Opto Plus Inc. The complaint has been designated as confidential and assigned Docket No. 337-2371 for indexing in the Commission's database.

 

On May 7, 2004, Mobility Electronics, Inc. filed an unfair import complaint requesting an investigation involving " Power Adapters." The proposed respondents named in this complaint Formosa Electronic Industries, Inc. (Taiwan); Micro Innovations Corp., Edison, NJ; and SPS, Inc. (Korea). The complaint has been designated as confidential and assigned Docket No. 337-2372 for indexing in the Commission's database.

 

The Commission now has 30-35 days from the dates indicated above in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written initial determination, usually within about 10 months. Due to the expedited nature of these proceedings, it is important to notify any interested parties as soon as possible.

 

General information about Section 337 investigations is available at htp://www.aplf.org/events/roundtables/2002-06-20.shtml. For more information on these particular investigations, please contact Minh Nguyen (Minh.Nguyen@tkhr.com) and Bill Heinze (Bill.Heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley in Atlanta.