The United States International Trade Commission (“ITC”) has completed its investigation number 337-TA-935 and has issued a General Exclusion Order, a Limited Exclusion Order, and a Cease and Desist Order dated March 10, 2016 (here) regarding the unlawful importation of certain infringing personal transporters, commonly known as Hoverboards which are self-balancing electric scooters and quite popular these days. These products are not permitted entry for consumption due to violations of Section 337. The complaint had been filed by Segway Inc. of Bedford, New Hampshire, and DEKA Products Limited Partnership of Manchester, New Hampshire against thirteen Chinese and U.S. manufacturers.
Under Section 337 of the Tariff Act of 1930 (United States Code – Title 19 – Section 1337), the ITC conducts investigations into allegations of certain unfair practices in import trade, and may declare the infringement of certain statutory intellectual property rights and other forms of unfair competition in import trade to be unlawful practices. Most Section 337 investigations involve allegations of patent or registered trademark infringement. Other forms of unfair competition, such as misappropriation of trade secrets, trade dress infringement, passing off, false advertising and violation of the antitrust laws, may also be asserted.