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Import Restrictions Under Consideration for Dimmable Lamps

Monday, April 08, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-830 of certain dimmable compact fluorescent lamps and products containing same, the International Trade Commission is considering a recommendation to issue a limited exclusion order on imports of infringing goods. The ITC is therefore accepting public comments no later than May 3on whether the issuance of an LEO 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 LEO are used in the U.S.;

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

- 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, the complainant’s licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the LEO within a commercially reasonable time; and

- explain how the LEO would impact U.S. consumers.

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