On July 10, 2020 local time, Juul labs, Inc. filed an application with the International Trade Commission (ITC) of the United States in accordance with Section 337 of the tariff act of 1930, accusing the electronic smoker cartridges and components thereof exported, imported or sold in the United States infringed its patent right (Patent No. 842536858870), (858869858868) requested ITC to initiate a 337 investigation and issue a general exclusion order or a limited exclusion order and a prohibition order to prohibit the import and sale of the products involved in the case to the United States. The Chinese mainland listed seven enterprises in the application.
In July 16th, the China Electronic Commerce Chamber of electronic cigarette industry issued a notice through the WeChat official account, saying that it will discuss with the relevant 7 enterprises countermeasures and safeguard the legitimate rights and interests of enterprises.
337 investigation refers to the investigation conducted by the United States International Trade Commission (USITC) in accordance with Section 337 of the tariff act of 1930 (hereinafter referred to as “section 337”) and relevant amendments of the US Tariff Act of 1930. It prohibits all unfair competition or unfair trade in products exported to the United States.
The subjects of the investigation are the infringement of US intellectual property rights by imported products and other unfair competition in import trade.
China has become the biggest victim of the “337 investigation” of the United States. In the related cases that have been judged, the failure rate of Chinese enterprises is as high as 60%, which is much higher than the world average of 26%.