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IPR Import Restrictions Sought on Shaving Cartridges, Gas Spring Nailer Products

Monday, October 02, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments on any public interest issues raised by new complaints alleging that the importation, sale for importation, and sale within the U.S. after importation of the following products are violating Section 337 of the 1930 Tariff Act.

- shaving cartridges, components thereof, and products containing same (petition filed Sept. 25 on behalf of The Gillette Company LLC; comments due by Oct. 9)

- gas spring nailer products and components thereof (petition filed Sept. 26 on behalf of Kyocera Senco Brands Inc.; comments due by Oct. 10)

Comments should address whether the issuance of the limited exclusion orders and cease and desist orders requested by the complainants 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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