The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pick-up truck folding bed cover systems and components thereof. 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 Extang Corporation of Ann Arbor, MI; Laurmark Enterprises, Inc., d/b/a BAK Industries of Ann Arbor, MI; and UnderCover, Inc., of Rogersville, Missouri, on January 19, 2023, and supplemented on January 23, 2023, and February 9, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pick-up truck folding bed cover systems and components thereof that infringe patents asserted by the complainant. The complainants request 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 respondents in this investigation:

• 4 Wheel Parts of Compton, CA; 
• American Trucks of Lenexa, KS; 
• Auto Dynasty a/k/a Shun Fung International Inc. of City of Industry, CA; 
• AUTOSTARLAND Technology (US), Inc., of Riverside, CA; 
• DNA Motoring of City of Industry, CA; 
• Fanciest Pickup Accessories of Riverside, CA; 
• Future Trucks a/k/a Future Trading Company, LLC, of Houston, TX; 
• Ikon Motorsports, Inc. of City of Industry, CA; 
• Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a KSC Auto of Pinghu City, Zhejiang, China; 
• Kiko Kikito of Ruian City Wenzhou, Zhejiang, China; 
• Lyon Cover Auto a/k/a Truck Tonneau Covers, of Wenzhou City, Zhejiang Province, China; 
• Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. Cixi, Ningbo City, Zhejiang, China; 
• MOSTPLUS Auto of Chai Wan, Hong Kong, China; 
• Newpowa America, Inc. of Ontario, CA; 
• New Home Materials, Inc. of Riverside, CA; 
• OEDRO of Kent, WA;
• Pickup Zone a/k/a Dai Qun Feng of Riverside, CA; 
• RDJ Trucks, LLC of Talmo, GA; 
• Smittybilt, Inc. of Compton, CA; 
• Trek Power, Inc. of Placentia, CA; 
• Wenzhou Tianmao Automobile Parts Co., Ltd. Wenzhou, Zhejiang, China.

By instituting this investigation (337-TA-1353), 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.

Original source can be found here.