Certain Off-Road Vehicles and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation and Terminate the Investigation as to Certain Claims
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 10) of the presiding a...
Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined not to review an initial determination (“ID”) (Order No. 10) of the presiding administrative law judge (“ALJ”) granting an unopposed motion to amend the complaint and Notice of Investigation and terminate the investigation as to certain claims.
FOR FURTHER INFORMATION CONTACT:
Jonathan D. Link, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3103. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at
edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at
www.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on March 9, 2026, based on a complaint filed by Polaris Inc., Polaris Industries Inc., and Polaris Sales Inc. (collectively “Polaris”), each of Medina, Minnesota. 91 FR 11336-37 (March 9, 2026). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain off-road vehicles and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,819,220 (“the '220 patent”); 7,950,486 (“the '486 patent”); 8,613,337; 9,217,501; and 12,187,127 (“the '127 patent”).
Id.
The complaint further alleges that a domestic industry exists.
Id.
The Commission's notice of investigation named as respondents: Zhejiang CFMOTO Power Co., Ltd. of Hangzhou, China and CFMOTO Powersports Inc. (collectively “CFMOTO”) of Plymouth, Minnesota.
Id.
The Office of Unfair Import Investigations is not participating in the investigation.
Id.
On June 26, 2026, Polaris filed a motion to amend the complaint and Notice of Investigation to assert claim 31 of the '486 patent and claims 9-15 and 22 of the '127 patent against the recently-launched ZFORCE® Z10 and Z10-4 vehicles, and to terminate the investigation in part as to claims 7 and 8 of the '220 patent. The motion certifies that CFMOTO does not oppose the motion and no opposition was filed.
On July 14, 2026, the ALJ issued the subject ID, amending the complaint and Notice of Investigation to assert claim 31 of the '486 patent and claims 9-15 and 22 of the '127 patent against the ZFORCE® Z10 and Z10-4 vehicles, and terminating the investigation in part as to claims 7 and 8 of the '220 patent. The ID finds that Polaris has shown good cause to amend the complaint and add allegations and the “proposed amendments will not prejudice the public interest or the rights of the parties participating in this investigation.” Order 10 at 5-6. No petitions for review of the ID were filed.
The Commission has determined not to review the subject ID. Claims 7 and 8 of the '220 patent are terminated from the investigation. Further, the complaint and Notice of Investigation are amended to assert claim 31 of the '486 patent and claims 9-15 and 22 of the '127 patent.
The Commission vote for this determination took place on August 13, 2026.
The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).
Use this for formal legal and research references to the published document.
91 FR 53423
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Off-Road Vehicles and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation and Terminate the Investigation as to Certain Claims,” thefederalregister.org (August 18, 2026), https://thefederalregister.org/documents/2026-16789/certain-off-road-vehicles-and-components-thereof-notice-of-a-commission-determination-not-to-review-an-initial-determina.
edis.usitc.gov
www.usitc.gov
19 U.S.C. 1337
19 CFR part 210