U.S. and Hong Kong (2007)

U.S. International Trade Commission

May 3, 2007
News Release 07-051
Inv. No. 337-TA-603
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DVD PLAYERS AND RECORDERS AND CERTAIN PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain DVD players and recorders and certain products containing same. The products at issue in this investigation are certain DVD players and recorders and certain combination DVD player/recorders with VCR units.

The investigation is based on a complaint filed by Toshiba Corporation of Tokyo, Japan, and Toshiba America Consumer Products, L.L.C., of Wayne, NJ, on April 6, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain DVD players and recorders and certain products containing same that infringe patents owned by the complainants. The complainants request that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Daewoo Electronics America, Inc., of Lyndhurst, NJ;
Dongguan GVG Digital Technology Ltd. of China;
Dongguan Tonic Electronics Co., Ltd., of China;
Dongguan Xin Lian Digital Technology Co. Ltd. of China;
GVG Digital Technology Holdings Ltd. of Hong Kong;
jWIN Electronics Corporation of Port Washington, NY;
Memcorp Inc. of Weston, FL;
Star Light Electronics Co. Ltd. of Hong Kong;
Starlight International Holdings Limited of Hong Kong;
Starlight Marketing (HK) Ltd. of Hong Kong;
Tonic Digital Products Limited of Hong Kong;
Tonic DVB Marketing Ltd. of China;
Tonic Electronics Limited of Hong Kong;
Tonic Industries Holdings Limited of Hong Kong;
Tonic Technology (HK) Limited of Hong Kong;
Tonic Technology (Shenzhen) Ltd. of China; and
Tonic Trading Development Ltd. of Hong Kong.

By instituting this investigation (337-TA-603), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Carl C. Charneski, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Charneski 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.