ITC Seeks Public Interest Submissions on Possible General Exclusion Order on Batteries
The International Trade Commission is seeking written submissions that address issues of remedy, bonding and the public interest in a case concerning imported batteries for cordless power tools. The request follows the commission's May 11 decision to review part of a March 25 initial determination by Administrative Law Judge MaryJoan McNamara, according to the May 17 notice (ITC Inv. No 337-TA-1244). Written submissions and proposed remedial orders must be filed by close of business on May 25 and reply submissions no later than close of business on June 1.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The case began in December 2020 with a complaint by One World Technologies and Techtronic Power Tools Technology (d/b/a Ryobi), which alleged Chinese companies were making and importing low-cost substitutes for Ryobi One+ batteries intended for use with its 18-volt line of cordless tools (see 2102050028). One World and Techtronic asked for a permanent general exclusion order excluding from entry into the U.S. certain batteries and products that infringe on one of the three design patents owned by Ryobi.
On June 3, 2021, McNamara ruled that all 10 remaining respondents were in default by failing to respond to ITC notices. The complainants then moved for a summary determination of violation and for a recommendation of a general exclusion order. On July 16, 2021, the ITC's Office of Unfair Import Investigations filed a motion supporting a finding of summary determination and a general exclusion order against only four of the "Defaulted Respondents." OUII cited insufficient evidence to show that the other six respondents were involved in the importation on the accused products.
McNamara's initial determination found that the four remaining defaulting respondents -- Darui Development, Dongguan Electronic, Shenzhen Rich Hao and Shenzhen Saen -- violated Section 337 and recommended issuing a general exclusion order with respect to the three patents that respondents have allegedly infringed upon.