11/15/2024 | Press release | Distributed by Public on 11/15/2024 15:50
USITC Institutes Section 337 Investigation of Certain Flash-Spun Nonwoven Materials and Products Containing Same
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain flash-spun nonwoven materials and products containing same. The products at issue in the investigation are described in the Commission's notice of investigation.
The investigation is based on a complaint filed by DuPont de Nemours, Inc. of Wilmington, DE, DuPont Safety & Construction, Inc. of Wilmington, DE, and DuPont Specialty Products USA, LLC of Wilmington, DE, on October 9, 2024 and supplemented on October 29, 2024. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash-spun nonwoven materials and products containing same by reason of misappropriation of complainants' trade secrets, wrongful use and exploitation of stolen confidential and proprietary information, and infringement of trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation :
By instituting this investigation (337-TA-1424), the USITC 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.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. 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 U.S. Trade Representative within that 60-day period.
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