The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain automotive measuring devices, products containing same, and bezels for such devices. The products at issue in this investigation include measuring devices such as temperature and pressure gauges, volt meters, fuel level indicators, and tachometers for use in the high performance automotive aftermarket.

The investigation is based on a complaint filed by Auto Meter Products, Inc., of Sycamore, IL, on May 16, 2003. An amended complaint was filed on June 9, 2003. The complaint, as amended, 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 automotive measuring devices, products containing same, and bezels for such devices by reason of infringement of trade dress and registered trademarks owned by Auto Meter Products, Inc. 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:

American Products Company, Inc., of Corona, CA;
Auto Gauge (Taiwan) Co., Ltd., of Taiwan;
Blitz North America, Inc., of Anaheim, CA;
Equus Products, Inc., of Fountain Valley, CA;
GR Motorsports, Inc., d/b/a Matrix GR Motorsports, Inc., of Commerce, CA;
Hiper Industries, Inc., d/b/a R-1 Racing Sports, Inc., of Grove, CA;
Jimray Technology, Inc., d/b/a Progauges Co., Ltd., of Taiwan;
Leader Way International, Inc., of Taiwan;
Longacre Industries, Inc., d/b/a Longacre Racing Products, Inc., Racing Parts Group, Inc., and AccuTech of Woodinville, WA;
Old World Industries, Inc., d/b/a Old World Automotive Products, SplitFire, and SplitFire International, Inc., of Northbrook, IL;
Point Zero Gauge Company, d/b/a QuickCar Racing Products, of Winder, GA; and
Tenzo R, d/b/a Autotech Systems and Accessories, of Santa Clarita, CA.

By instituting this investigation (337-TA-494), 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.