Certain Off-Road Vehicles and Components Thereof; Notice of Institution of Investigation
Brief takeaway: The ITC has opened a Section 337 patent investigation into certain imported off-road vehicles and components, which could eventually lead to import exclusion or cease-and-desist orders.
What changed: According to the notice, the U.S. International Trade Commission instituted an investigation based on a complaint filed by Polaris Inc., Polaris Industries Inc., and Polaris Sales Inc. The notice states the complaint alleges violations of Section 337 of the Tariff Act of 1930 through the importation, sale for importation, or post-importation sale of certain off-road vehicles and components by reason of infringement of five named U.S. patents. The notice adds that the complainants request a limited exclusion order and cease-and-desist orders.
Who's affected: The notice names off-road vehicles and components thereof as the products at issue. It cites U.S. Patents No. 7,819,220, 7,950,486, 8,613,337, 9,217,501, and 12,187,127. No specific HTS codes or countries of origin are specified in the notice.
What to review:
- Review whether your imported products fall within the off-road vehicles or components category described in the notice.
- Confirm with your customs broker or trade counsel whether the named patents may be relevant to your goods.
- Check the ITC docket for the respondents named and the investigation's scope and schedule.
- Review whether a limited exclusion order or cease-and-desist order, if issued, could affect your future shipments.
This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.
Official notice
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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.