notice Published 2026-06-01

Certain Coated Confectionery Products 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 coated confectionery products over alleged patent infringement, which could eventually lead to import restrictions if a violation is found.

What changed: According to the notice, the ITC instituted an investigation based on a complaint filed by Promotion in Motion, Inc. on April 8, 2026, and supplemented on May 6, 2026. The notice states the complaint alleges violations of Section 337 of the Tariff Act of 1930 through the importation, sale for importation, or post-importation sale of certain coated confectionery products and components that allegedly infringe U.S. Patent Nos. 9,750,267 and 11,317,640. The notice states the complainant requests a limited exclusion order and cease and desist orders.

Who's affected: The notice names "certain coated confectionery products and components thereof." It does not specify HTS codes or countries of origin. The named complainant is Promotion in Motion, Inc.

What to review:
- Review whether products you import may fall within the described category of coated confectionery products or their components.
- Check the two cited patents ('267 and '640) against your products with counsel to assess relevance.
- Confirm with your broker or trade counsel how a potential exclusion order or cease and desist order could affect future shipments.
- Review ITC docket updates for the scope, respondents, and any determinations as 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

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Promotion in Motion, Inc. of Park Ridge, New Jersey. A supplement to the complaint was filed on May 6, 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 coated confectionery products and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,750,267 ("the '267 patent") and U.S. Patent No. 11,317,640 ("the '640 patent"). The complaint, as supplemented, 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.