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The investigation is based on a complaint filed by Tillotson Corporation d/b/a Best Manufacturing Company of Menlo, GA, on July 19, 2007. Tillotson filed a supplement to the complaint on August 8, 2007. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain nitrile rubber gloves that infringe a patent owned by Tillotson. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.
The ITC has identified the following as respondents in this investigation:
Cardinal Health, Inc., of Dublin, OH;
Cardinal Health 200, Inc., of McGaw Park, IL;
Cardinal Health Malaysia 211 Sdn. Bhd. of Malaysia;
Henry Schein, Inc., of Melville, NY;
HSI Gloves Inc. of Melville, NY;
Latexx Partners Berhad of Malaysia; and
Medtexx Partners Inc. of Englewood, NJ.
By instituting this investigation (337-TA-612), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period. -US International Trade Commission