The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain bearings and packaging thereof. The products at issue in this investigation are various types of bearings, such as ball bearings and roller bearings, used primarily in industrial applications.

The investigation is based on a complaint filed by SKF USA Inc. of Norristown, PA, on March 11, 2002. An amended complaint was filed on March 21, 2002, and supplements were filed on March 29, 2002, and April 5, 2002. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain bearings and packaging thereof by reason of infringement of registered and common law trademarks owned by SKF USA, dilution of those trademarks, false representation of source, false advertising, passing off, and unfair pecuniary benefits. The complainant requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in the investigation:

Bearing Distributors Inc. of Columbia, SC;
Bearings & Motive Specialties Company, Inc., of White Plains, NY;
Bearings Limited of Hauppauge, NY;
Bohls Bearing & Power Transmission Service of San Antonio, TX;
Creswell Industrial Supply, Inc., of Chattanooga, TN;
CST Bearing Company of Santa Ana, CA;
Gulf United Industries, Inc., d/b/a United Bearing Company, of Coppell, TX;
McGuire Bearing Company of Portland, OR;
Motor Bearing Supply, Inc., of Jasper, TX;
RF Wolters Company, Inc., of Norcross, GA;
Representaciones Industriales Rodriguez, S.A. de C.V., of Monterrey, Mexico;
Ringball Corporation of Mississauga, Ontario, Canada;
RitBearing Corporation of Covington, GA; and
Seal Pack Corporation of Miami, FL.

By instituting this investigation (337-TA-469), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Delbert R. Terrill, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Terrill will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.