In the Matter of Certain Hydraulic Excavators and Components Thereof. Investigation No. 337-TA-582

摘要

The Commission has determined that there is a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. Sec. 1337) based on the unlawful importation and sale of certain hydraulic excavators that infringe United States Trademark Registration Nos. 2,140,606; 2,241,077; 2,140,605 and 2,448,848, which cover the CAT and Caterpillar marks. Having reviewed the record in this investigation, including the written submissions of the parties, the Cornmission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that a general exclusion from entry for consumption is necessary because there is a pattern of violation of section 337 and it is difficult to identify the source of the infringing products. Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed importation of infringing gray market hydraulic excavators bearing the trademarks at issue.