ITC Institutes Section 337 Investigation on Certain Ceramic Capacitors and Products Containing Same
October 30, 2009The U.S. International Trade Commission (ITC) has voted to institute an investigation (#337-TA-692) of certain ceramic capacitor and products containing same. The capacitors at issue in this investigation are a type of capacitor, used in a variety of electronic devices, in which one or more pairs of conductors are separated by a ceramic dielectric material.
The investigation is based on a complaint filed by Murata Manufacturing Co., Ltd., of Japan, and Murata Electronics North America, Inc., of Smyrna, Ga., on October 1, 2009. A supplement to the complaint was filed on October 28, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ceramic capacitor and products containing same that infringe patents asserted by Murata. The complainant requests that the ITC issue an exclusion order and cease and desist orders.
The ITC has identified the following as respondents in this investigation:
- Samsung Electro-Mechanics Co., Ltd., of Korea; and
- Samsung Electro-Mechanics America, Inc., of Irvine, Calif.
The ITC has not yet made any decision on the merits of the case. The ITC’s Chief Administrative Law Judge will assign the case to one of the ITC’s six 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.
