The move follows a complaint lodged with USITC on 5 December 2024 by Schütz’s North America office and Switzerland-based Protechna, one of Schütz’s largest contract manufacturers.
It is understood to concern alleged violations of US patent law under Section 337 of the Tariff Act of 1930. Section 337 permits the US authorities to investigate whether imported goods infringe intellectual property rights and potentially to exclude them from entry into the US.
USITC’s notice of investigation states that the complainant (ie, Schütz and Protechna) “requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, in the alternative a limited exclusion order, and cease and desist orders”.
Four Chinese companies are cited in the filing: Shandong Jinshan Jieyuan Container Co., Ltd; Zibo Jielin Plastic Pipe Manufacture Co. Ltd; Shanghai Sakura Plastic Products Co., Ltd; and, Hebei Shijiheng Plastics, Co., Ltd.
USITC’s Chief Administrative Law Judge will assign the case to one of the Commission’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.