337 Investigation on Toner Supply Containers Terminated

ALJ David P. Shaw of USITC issued order NO.4 (ID) for the case of Certain Toner Supply Containers and Components Thereof (Inv. No. 337-TA-960), ruling the investigation has been terminated based upon the fact that Respondents General Plastic Industrial Co., Ltd. (GPI) and Color Imaging, Inc. (Color Imaging) (collectively “Respondents”) have signed Proposed Consent Order.

Bryan G. Harrison, attorney for GPI and Color Imaging, released a statement attached in order NO.4. Here are his crucial commitments:

• Respondents agree that, upon entry of the Consent Order, they will not sell for importation, import into the United States, or sell or offer for sale in the United States after importation of the Subject Articles, directly or indirectly, and will not aid, abet, encourage, participate in, or induce importation into the United States, the sale for importation into the United States, or the sale, offer for sale, or use in the United States after importation of the Subject Articles, except under consent or license from Canon.
• Respondents expressly waive all rights to seek judicial review or otherwise challenge or contest the validity of the Consent Order.
• The signing of the Consent Order Stipulation does not constitute an admission by Respondents that an unfair act has been committed.

The ALJ declared that this initial determination (ID) shall become the determination of the Commission unless a party files a petition for review of the ID, or the Commission orders on its own motion a review of the ID or certain issues contained herein.

Back on June 12, 2015, Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA filed a complaint alleging Respondents import the alleged products into the United States and sell the toner supply containers and components, which they argue infringes Canon’s patents and violates section 337 of the Tariff Act of 1930. Later on July 10, USITC agreed on instituting 337 investigation regarding Canon’s complaint.

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