On March 23, 2023, the U.S. International Trade Commission published in the Federal Register (88 FR 17617) [Investigation No. 337–TA–1279] Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of a Commission Determination To Review in Part a Final Initial Determination; and, on Review, To Find No Violation of Section 337; Termination of the Investigation.
On September 2, 2021, the Commission instituted this investigation under section 337 of the Tariff Act of 1930. Under section 337, the USITC determines whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States. Section 337 declares the infringement of a U.S. patent, copyright, registered trademark, or mask work to be an unlawful practice in import trade.
The investigation was based on a complaint filed by Copan Italia S.p.A. and Copan Industries, Inc. The complaint alleged a violation of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain flocked swabs, products containing flocked swabs, and methods of using same. The notice of investigation named numerous respondents
In today's Federal Register notice was given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's final initial determination issued on October 28, 2022, finding no violation of section 337, in the above-referenced investigation. On review, the Commission has determined to find no violation of section 337. The investigation is terminated in its entirety.