U.S. domestic battery enterprises to the United States International Trade Commission to submit an application for seven Chinese battery companies laptop battery 337 investigation.
Recently, the United States Battery Company USA Holdings Inc. and EVEREADY Energizer Battery Company to the United States International Trade Commission (ITC) submitted an application to be from Mainland China, Japan, Hong Kong, Indonesia and other 25 countries and regions, production of mercury-free alkaline battery and parts of the business launch, "337 investigation." Mainland China Nanfu, Deer, leopard king, tiger, Changhong, three special, Zheng-long seven battery enterprises were included in the list of defendants.
Yesterday, reporter learned from one of Compaq Presario 2100 battery(compaq 2100 battery) several companies, and now they have not received formal notification from the United States, but from the domestic industry management department informed of the matter. According to the China Machinery and Electronic Products Import and Export Chamber of Commerce, the legal department of the concerned parties, from a procedural perspective, the present case is still in its initial stages, namely the investigation is only just been submitted for U.S. companies, would have been received on the 23rd of this month will make a decision by the ITC Therefore, relevant domestic enterprises have yet to be formally notified. The Association is also the last few days, through such channels as the official website of the United States received information. However, according to industry sources, as is often brought 337 prosecutions the United States, industry leaders, in accordance with past practice, ITC will make a positive response Compaq Presario 2500 battery(compaq 2500 battery) to such applications to be placed on file.
It is understood that China is already the world's largest zinc-manganese battery producer and exporter, over 75% of exports, China's exports to the United States and the European Union-type products are mercury-free zinc-manganese batteries. It is worth noting that this survey was to apply seven companies are the domestic battery industry's large exports to the U.S., it is the industry have pointed out that U.S. companies can not be excluded is the battery Compaq Presario NX9010 battery exports to China increasing, leading to its own market share the measures taken being carved up. But the official stressed that, even if such speculation will not affect the establishment of the established procedures for the award.
According to the China Machinery and Electronic Products Import and Export Chamber of Commerce, the legal department of the concerned parties, from the current situation, the involved companies are more concerned about this, there are already six companies that will actively responding to, and began preparing for. At the same time, he stressed that other domestic same industry should be actively concerned about this incident, because if the U.S. won the case, may be affected not only the seven companies, but the entire Chinese battery industry. He explained that 337 mainly to disputes involving patent class, but its consequences are not as well-known domestic enterprises, the kind of forced to pay the patent fees, so simple, but there are likely to affect all the defendants enterprise product exports to the U.S. and sales, and even also implicated in all the similar enterprises in the country, which is the biggest characteristic of 337 investigations. In other words, once the seven Chinese battery Compaq Presario NX9000 battery companies have been identified in the survey problems, then may be to prohibit all exports to the United States and sales, but also directly affected by it may also involve other Chinese battery companies. Even some products containing such batteries in other areas of products, such as supporting a battery of electronic products, electric toys may be affected.
According to China's other industries involved in the investigation of cases relating to 337 lawyers, the enterprise, to deal with 337 cases investigated by the more complicated, than the anti-dumping investigations more difficult. As the contents of the 337 surveys generally involve complex and professional, they spend exorbitant legal fees often exceed the imagination of some enterprises. This is well-known domestic enterprises have started to compare the anti-dumping investigation will be able to see: anti-dumping investigation hearings generally only 1 to 2 days, while the ITC investigation on the 337 hearing, lasting about 2-20 weeks. In addition, the persons concerned that such cases are often delayed by a longer time, usually more than one year will continue, while the remote is a great difficulty responding. And in some cases, such as the absence of the defendant in the 337 investigation, the U.S. administrative law judge can be according to the Hp F2299A battery evidence against the defendant the plaintiff unilaterally to expel or prohibit directives. So pay good attention to positive measures to gather evidence related to Chinese companies is currently the most urgent task.
337 Survey
Under the Uruguay Round agreements and the amendment to the U.S. "Tariff Act of 1930," Article 337 provides that if any acts of unfair acts of imports (mainly for infringement of patent rights or trademark acts, including violations of copyright, the rights of the semiconductor chip, the template acts improper use of trade secrets, common law trademark infringement and other business tort), and may result in rejection of the U.S. industry and the monopoly of the U.S. International Trade Commission may, upon application for U.S. domestic enterprises to carry out survey, which is Hp F3172A battery known as 337.
Section 337 of the general procedure: Application for the direction of ITC to submit the indictment to apply, ITC results of the review within 30 days to decide whether the investigation team set up a criminal investigation. Section 337 of the time limit is generally 12 months, the more complex cases can be extended for 6 months end. At the same time, ITC will investigate the transfer of 337 designated by the administrative judge.
As a defendant shall be served on the date of notification within 20 days of notice of investigation to submit written reply for the comments. Since then, the relevant parties can collect the evidence. In the survey period, the administrative law judge held a hearing presided over all interested parties can participate. According to various aspects of gathering of evidence and hearings, the target date of 3 months, the administrative judge made a preliminary ruling, and the award, together with the relevant recommendations submitted to the ITC. ITC to review within 20 days, unless the ruling was amended, otherwise automatically become ITC's final decision. The final decision will be submitted to the president for Hp Pavilion ZT1000 battery policy review, the president has 60 days to consider whether rejected ITC's decision. If any party dissatisfied with ITC's ruling can be within 60 days of entry into force of the ruling federal appeals court.
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