notice Published 2026-01-02

Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof; Notice of Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into certain DRAM devices and products containing them over alleged patent infringement, which could eventually lead to import restrictions.

What changed: According to the notice, the ITC instituted an investigation based on a complaint filed by Netlist, Inc. alleging that the importation, sale for importation, and post-importation sale of certain DRAM devices, products containing them, and components infringe six named U.S. patents. The notice states the complainant is seeking a limited exclusion order and cease and desist orders.

Who's affected: The notice names dynamic random access memory (DRAM) devices, products containing them, and components thereof. It does not specify HTS codes or countries of origin. The patents cited are the '366, '731, '608, '523, '035, and '087 patents. Any importer of DRAM or DRAM-containing products may find this investigation relevant.

What to review:
- Review whether your imported products include DRAM devices or components that may fall within the described category.
- Confirm with your customs broker or trade counsel whether the named patents may relate to your products or suppliers.
- Check for any exclusion order or cease and desist orders that may issue as the investigation proceeds.
- Confirm the investigation's status and effective actions, since no import restriction is yet in place at institution.

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 September 30, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Netlist, Inc. of Irvine, California. The complaint was supplemented on November 20, 2025, December 5, 2025, December 12, 2025, and December 16, 2025. 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 dynamic random access memory (DRAM) devices, products containing the same, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 12,373,366 ("the '366 patent"); U.S. Patent No. 10,025,731 ("the '731 patent"); U.S. Patent No. 10,268,608 ("the '608 patent"); U.S. Patent No. 10,217,523 ("the '523 patent"); U.S. Patent No. 9,824,035 ("the '035 patent"); and U.S. Patent 12,308,087 ("the '087 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.