In the Matter of Certain Toothbrushes and the Packaging Thereof. InvestigationNo. 337-TA-391 (October 1997)

摘要

The Commission has determined that there is a violation of section 337 of theTariff Act of 1930 (19 U.S.C. sec 1337), as amended, in the unlawful importation and sale of certain toothbrushes covered by the claim of U.S. Letters Patent Des. 328,392. Having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is a limited exclusion order prohibiting the unlicensed entry for consumption of infringing toothbrushes. The Commission has also determined that the public interest factors enumerated in subsection 337(d)(19 U.S.C. sec. 1337(d)) do not preclude issuance of the limited exclusion order, and that the bond during the Presidential review period shall be in the amount of one hundred (100) percent of the entered value of the imported toothbrushes.