ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN HYDRAULIC EXCAVATORS AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain hydraulic excavators and components thereof. The products at issue in this investigation are used to excavate and load earth, blasted rock, sand and other types of aggregate into trucks, concrete mobiles and/or rock-crushing units.

The investigation is based on a complaint filed by Caterpillar, Inc., of Peoria, IL, on August 1, 2006. 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 hydraulic excavators and components thereof that infringe registered trademarks owned by the complainant. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

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

Alex Lyon & Son Sales Managers and Auctioneers, Inc., of Fayetteville, NY;
Barkley Industries, LLC, of Litchfield Park, AZ;
Deanco Auction Company of Mississippi, Inc., of Philadelphia, MS;
Dom-Ex, Inc., of Hibbing, MN;
Frontera Equipment Sales, of Donna, TX;
Hoss Equipment Co., Inc., of Irving, TX;
Key Equipment, LLC (subsidiary of ) C.W. Purpero, Inc., of Milwaukee, WI;
Kuhn Equipment Sales Co., Inc., of Summerville, SC;
MMS Equipment Sales L.L.C., of Three Way, TN;
Musselman Construction Co., dba Musselman Rentals and Sales, of Lewistown, ID;
Pacific Rim Machinery, Inc., of Gig Harbor, WA;
Petrowsky Auctioneers, Inc., of North Franklin, CT;
Prima International Trading, of Fayetteville, NY;
Ritchie Bros. Auctioneers Inc., of Vancouver, BC, Canada;
Ritchie Bros. Auctioneers (America) Inc., of Lincoln, NE;
Southwestern Machinery of Florida, Inc., of Port St. Lucie, FL;
Tractorland Equipment Company, Inc., of Moreno Valley, CA;
United Equipment Company, Inc., of Turlock, CA;
World Tractor & Equipment Company, LLC, of Charlotte, NC;
Worldwide Machinery, Inc., of Houston, TX; and
Yoder & Frey Auctioneers, Inc., of Holland, OH.

By instituting this investigation (337-TA-582), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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 U.S. Trade Representative within that 60-day period.