USITC Institutes Section 337 Investigation on Toner Supply Containers

The U.S. International Trade Commission (USITC) has instituted an investigation on certain toner supply containers and components thereof, relating to toner supply containers for use in copy machines, according to usitc.gov.

As stated, the No. 337-TA-960 investigation is based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on June 12, 2015. Canon declared that 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. The OEM also requested that the Commission issue a limited exclusion order and cease and desist orders.

The USITC has identified the following respondents in this investigation: General Plastic Industrial Co., Ltd., of Wu-Chi Town, Taichung County, Taiwan; and Color Imaging, Inc., of Norcross, Georgia.

After the institution, an assigned Administrative Law Judge (ALJ) will arrange and hold an evidentiary hearing to make an initial determination (ID) as to whether there is a violation of section 337. The issued ID is subject to be reviewed by the Commission and the USITC will make a final determination in the investigation at the earliest practicable time.

The target date to complete the investigation will be set by the USITC within 45 days after institution. 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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