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Potential IPR Probe of Aquarium Fittings Evaluated for Public Interest Issues

Friday, November 13, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Nov. 23 on any public interest issues raised by a complaint filed on behalf of Hydor USA Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of aquarium fittings and parts thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the general and limited exclusion orders and cease and desist orders sought by the complainant would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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