ETDETA ETDETA
notice Published 2026-07-20

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

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into whether certain DRAM devices and products containing them infringe two U.S. patents, which could eventually lead to import exclusion orders.

What changed: According to the notice, a complaint was filed on June 16, 2026, by Netlist, Inc., and supplemented on June 24 and 25, 2026, alleging Section 337 violations based on the importation and sale of certain DRAM devices, products containing them, and components. The notice states the complainant requests that the Commission institute an investigation and, after investigating, issue a limited exclusion order and cease and desist orders.

Who's affected: The notice names dynamic random access memory (DRAM) devices, products containing the same, and components thereof, alleged to infringe U.S. Patent No. 12,646,537 and U.S. Patent No. 12,650,937. The notice does not specify particular HTS codes or countries of origin.

What to review:
- Review whether your imported products include DRAM devices, memory modules, or downstream goods containing DRAM that may fall within the described scope.
- Confirm with your broker or trade counsel whether your suppliers or products could be named as respondents as the investigation proceeds.
- Check the ITC docket for the notice of investigation and any respondent list once published.
- Review potential exposure to a future limited exclusion order or cease and desist orders affecting affected goods.

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 June 16, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Netlist, Inc. of Irvine, California. Supplements to the complaint were filed on June 24 and 25, 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 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. 12,646,537 ("the '537 patent") and U.S. Patent No. 12,650,937 ("the '937 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.