Certain Vehicle Space Guards; Notice of Institution of Investigation
Brief takeaway: A Section 337 investigation has been opened over certain vehicle space guards accused of patent infringement, which could eventually lead to an order blocking their importation.
What changed: According to the notice, the U.S. International Trade Commission has instituted an investigation based on a complaint (amended and supplemented) alleging that certain vehicle space guards are imported, sold for importation, or sold after importation in violation of Section 337 of the Tariff Act of 1930. The notice states the complaint alleges infringement of certain claims of U.S. Patent No. 7,527,314 and that the complainant requests a limited exclusion order and cease and desist orders.
Who's affected: The notice names "certain vehicle space guards" as the accused products and cites the complainant as Johnathan Black Kotyk of Atlantic Beach, Florida. No specific HTS codes or countries of origin are specified in the notice.
What to review:
- Review whether your imported products could fall within the described "vehicle space guards" category.
- Check with your broker or counsel whether U.S. Patent No. 7,527,314 may be relevant to your goods or suppliers.
- Confirm the current status and scope of the investigation, since exclusion or cease and desist orders are only requested, not yet issued.
- Review your supplier and product documentation in case the investigation proceeds.
This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.
Official notice
Check how this affects your product
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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.