USITC Institutes Section 337 Investigation of Certain Female Fashion Dresses, Jumpsuits, Maxi Dresses, and Accoutrements

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements.  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 Style Pantry LLC of Beverly Hills, CA, on March 20, 2019.  An amended complaint was filed on April 24, 2019.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation and sale of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of false designation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States.  The complainant requests 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 as respondents in this investigation:

Amazon.com Inc. of Seattle, WA;
Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd., of Zhejiang, China; and
Jianzhang Liao, Pinkqueen Apparel Inc., of Xiaman, China.

By instituting this investigation (337-TA-1157), 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.