OT:RR:BSTC:IPR H263167 AAH
Mr. Don Zimmerman
Wellmade Floor Coverings, International, Inc.
26100 SW 95th Ave, Suite 205
Wilsonville, Or 97070
RE: U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-545; Certain Laminated Floor Panels
Dear Mr. Zimmerman:
This is in response to your letter, dated March 20, 2015, in which you requested on behalf of your client, Wellmade Floor Coverings International, of Wilsonville, Oregon (Wellmade USA), a determination whether Wellmade’s laminated floor panels, specifically, certain wood veneer panels assembled with strand bamboo on Wood Plastic Composite (WPC) backer, are subject to the general exclusion order issued by the U.S. International Trade Commission (“ITC” or “Commission”) in Investigation No. 337-TA-545 (the ‘545 investigation). Inasmuch as we understand your inquiry to be of a general nature, please note that our response constitutes an information letter as defined by section 177.1, Customs and Border Protection (CBP) Regulations (19 C.F.R. § 177.1).
You have advised that Wellmade USA, which distributes floor panels, is related to Wellmade Floor Industries Co., Ltd., (Wellmade China), which manufactures the floor panels. In this regard, you have inquired whether articles manufactured or imported by Wellmade China and Wellmade USA (collectively, Wellmade) under license are within the scope of the general exclusion order issued in the 545 investigation.
The ‘545 investigation was instituted based on a complaint filed by Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, and Unilin Flooring N.C. LLC of Thomasville, North Carolina (“complainant”), which initially named thirty parties as respondents. See ALJ Decision at 1-3. The ITC instituted the investigation to determine whether there was a violation of subsection (a)(1)(B) of section 337, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation into the United States, or the sale within the United States after importation of certain laminated floor products by reason of infringement of one or more of claims 1, 14, 17, 19, 20, 21, 37, 52, 65, and 66 of U.S. Patent No. 6,006,486; claims 1, 2, 10, 13, 18, 19, 22, 23, 24, and 27 of U.S. Patent No. 6,490,836; and claims 1-6 of U.S. Patent No. 6,874,292. Id. The complaint was subsequently amended to add certain respondents to the investigation and to assert claims 1, 5, 13, 17, 27, and 28 of U.S. Patent No. 6,928,779 against certain accused panels. Id. Ultimately, the ITC provided relief in the form of a general exclusion order that bars the entry for consumption into the United States of laminated floor panels covered by one or more of claims 1, 2, 10, 18, and 23 of U.S. Patent No. 6,490,836 (“the `836 patent”), claims 3 and 4 of U.S. Patent No. 6,874,292 (“the `292 patent”), and claims 5 and 17 of U.S. Patent No. 6,928,779 (“the `779 patent”). 2008 ITC LEXIS 952 (Jan. 5, 2007, initiated). The Commission’s order specifically provides that articles that are covered by the claims of the relevant patents are excluded from entry for consumption “except under license of the patent owner.” Id.
You assert that Wellmade is a licensed entity, a fact which we have confirmed, and have submitted a copy of the license. As noted above, the exclusion order provides otherwise infringing merchandise may be entered for consumption under license of the patent owner. Id. The provision for licensed articles is a typically feature of ITC exclusion orders and, as such, is a well-established priniciple of the customs and related laws. 19 C.F.R. §177.11. Accordingly, as a general matter, Wellmade panels are admissible into the United States and may make entry for consumption, entry for consumption from a foreign-trade zone, and withdrawal from a warehouse for consumption.
If you have any questions concerning this matter, please contact Alex Haliasos at (202) 325-0281.
Sincerely,
Charles R. Steuart
Intellectual Property Rights Branch