USITC Launches Section 337 Probe Related to Automation Systems

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The United States International Trade Commission last week announced it is launching an investigation related to the importation of something that is often considered the wave of the future: automation systems.

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The USITC announced it launched a Section 337 investigation last Wednesday. Section 337 of the Tariff Act of 1930 determines whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States, including the infringement of a U.S. patent, copyright, registered trademark or mask work.

The investigations stems from a complaint filed Sept. 6 by Rockwell Automation, Inc., of Milwaukee, Wisconsin.

“The products at issue in the investigation include components used in the complainant’s industrial automation systems that bear the complainant’s Allen-Bradley® trademarks and that use the complainant’s copyrighted software and firmware,” the USITC announcement reads.

According to the complaint, the respondents allegedly violated Section 337 with respect to the importation and sale of “certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe trademarks and copyrights asserted by the complainant.”

In addition, Rockwell is asking for a general exclusion order, and cease and desist orders.

The following firms were listed as respondents in the case:

  • Can Electric Limited of Guangzhou, Guangdong, China
  • Capnil (HK) Company Limited of Hong Kong
  • Fractioni (Hongkong) Ltd. of Shanghai, China
  • Fujian Dahong Trade Co., Ltd., of Fujian, China
  • GreySolution Limited d/b/a Fibica of Hong Kong
  • Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China
  • KBS Electronics Suzhou Co., Ltd., of Shanghai, China
  • PLC-VIP Shop d/b/a VIP Tech Limited of Hong Kong
  • Radwell International, Inc., d/b/a PLC Center of Willingboro, NJ
  • Shanghai EuoSource Electronic Co., Ltd., of Shanghai, China
  • ShenZhen T-Tide Trading Co., Ltd., of Shenzhen, China
  • SoBuy Commercial (HK) Co. Limited of Jiangsu, China
  • Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi d/b/a Easy Micro-optics Co. LTD. of Suzhou, Jiansu, China
  • Wenzhou Sparker Group Co. Ltd., of Wenzhou, China
  • Yaspro Electronics (Shanghai) Co., Ltd., of Shanghai, China

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USITC rules dictate that it will issue a target date for completion of the investigation within 45 days of launching one, meaning the Commission will set a target date by Nov. 25 in this case.

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