The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain home vacuum packaging machines. The products at issue in this investigation are kitchen appliances that are used for food preservation.

The investigation is based on a complaint filed on July 8, 2003 by Tilia, Inc., and Tilia International, Inc., of San Francisco, CA. The complaint 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 home vacuum packaging machines that infringe a patent owned by Tilia International, Inc. and licensed to Tilia, Inc. The complainants request that the ITC issue a temporary exclusion order and temporary cease and desist order, and a permanent exclusion order and a permanent cease and desist order.

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

Applica, Inc., of Miami Lakes, FL;
Applica Consumer Products, Inc., of Miami Lakes, FL;
ZeroPack Co., Ltd., of Korea;
The Holmes Group, Inc., of Milford, MA; and
The Rival Company of Kansas City, MO.

By instituting this investigation (337-TA-496), 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.