notice Published 2026-06-15

Certain NAND and DRAM Memory Chips and Products Containing the Same; Notice of Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into whether certain NAND and DRAM memory chips and products containing them infringe five U.S. patents, which could eventually lead to import restrictions.

What changed: According to the notice, a complaint was filed on May 11, 2026 (supplemented May 28 and June 1, 2026) by MonolithIC 3D Inc. of Allen, Texas, alleging Section 337 violations based on importation and sale of these products. The notice states the complainant requests a limited exclusion order and cease and desist orders after the investigation.

Who's affected: The notice names certain NAND and DRAM memory chips and products containing the same, alleged to infringe U.S. Patent Nos. 12,250,830; 12,362,330; 12,400,961; 12,464,734; and 12,564,006. Specific HTS codes and countries of origin are not specified in the notice.

What to review:
- Review whether your imported products contain NAND or DRAM memory chips that could fall within the described scope.
- Confirm with your broker or trade counsel whether any of the five cited patents may be relevant to your products or suppliers.
- Check the ITC docket for the assigned investigation number, respondents named, and any procedural deadlines.
- Review supplier and sourcing information in case an exclusion order or cease and desist order is later issued.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 11, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of MonolithIC 3D Inc. of Allen, Texas. Supplements to the complaint were filed on May 28, 2026 and June 1, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain NAND and DRAM memory chips and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 12,250,830 ("the '830 patent"); U.S. Patent No. 12,362,330 ("the '330 patent"); U.S. Patent No. 12,400,961 ("the '961 patent"); U.S. Patent No. 12,464,734 ("the '734 patent"); and U.S. Patent No. 12,564,006 ("the '006 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Source: Federal Register · International Trade Commission · Read the 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.