ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN GUN BARRELS USED IN FIREARMS TRAINING SYSTEMS
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain gun barrels used in firearms training systems. The products at issue in this investigation are occluded gun barrels that may be exchanged with originally manufactured gun barrels on firearms used as an alternative to live-fire training of military and law enforcement personnel.
The investigation is based on a complaint filed by Beamhit, LLC, and Safeshot, LLC, of Columbia, MD, and Safeshot, Inc., of New York, NY, on February 11, 2004. An amended complaint was filed on February 27, 2004, alleging 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 gun barrels used in firearms training systems that infringe patents owned by the complainants. The complainants request that the ITC issue permanent exclusion orders and cease and desist orders.
The ITC has identified the following as respondents in this investigation:
By instituting this investigation (337-TA-505), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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.