notice Published 2026-06-30

Certain Heavy Machinery and Components Thereof; Notice of Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 patent-infringement investigation into certain heavy machinery and components, which could eventually lead to import restrictions on affected products.

What changed: According to the notice, a complaint was filed on May 26, 2026 (supplemented June 11, 2026) by Caterpillar Inc. under Section 337 of the Tariff Act of 1930. The notice states the complaint alleges infringement of four U.S. patents through the importation, sale for importation, or post-importation sale of certain heavy machinery and components. The notice adds that the complainant requests a limited exclusion order and cease and desist orders if a violation is found.

Who's affected: The notice names "certain heavy machinery and components thereof" as the subject products and cites U.S. Patent Nos. 8,515,637; 9,133,837; 9,347,554; and 10,059,341. No specific HTS codes or countries of origin are identified in the notice.

What to review:
- Review whether your imported machinery or components could fall within the described product category.
- Check the patents cited in the notice against your products' technology with patent or trade counsel.
- Confirm with your customs broker whether any exclusion or cease and desist orders issue as the investigation proceeds.
- Review ITC investigation updates for scope, respondents named, and any effective dates.

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 26, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Caterpillar Inc of Irving, Texas. A supplement to the complaint was filed on June 11, 2026. The complaint 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 heavy machinery and components thereof by reason of the infringement of certain claims of U.S. Patent No. 8,515,637 ("the '637 patent"); U.S. Patent No. 9,133,837 ("the '837 patent"); U.S. Patent No. 9,347,554 ("the '554 patent"); and U.S. Patent No. 10,059,341 ("the '341 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists 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.