SUPPLEMENTARY INFORMATION:

On June 17, 2025, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Epson America, Inc. of Los Alamitos, California; Epson Portland, Inc. of Hillsboro, Oregon; and Seiko Epson Corporation of Nagano, Japan (collectively “Epson”). 90 FR 25644-45 (June 17, 2025). The complaint, as supplemented, alleged violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain ink cartridges and components thereof by reason of the infringement of certain claims of the '172 patent, the '934 patent, the '038 patent, the '248 patent, and the '249 patent. Id. The complaint, as supplemented, further alleged that a domestic industry (“DI”) exists in the United States. Id.

The Commission's notice of investigation named the following entities as respondents: Shenzhen Hongxinyuan E-Commerce Co., Ltd. d/b/a Jianjai (“Shenzhen Hongxinyuan”) of Shenzhen, China; Shangrao Shixuan E-Commerce Co., Ltd. d/b/a Inkgo (“Shangrao Shixuan”) of Shangrao, China; Shen Zhen Sailing Technology Limited d/b/a Triple-Color (“Shen Zhen Sailing”) of Shenzhen, China; Qiong Wang d/b/a 7-Magic (“Qiong Wang”) of Leizhou City, China; Dongguan Ocbestjet Digital Technology Co., Ltd. d/b/a Ocbestjet (“Ocbestjet Dongguan”) of Dongguan City, China; Ocbestjet Printer Consumables (HK) Co., Ltd. d/b/a Ocbestjet (“Ocbestjet HK”) of Hong Kong, China; Shenzhen Kaizhen Technology Co., Ltd. d/b/a PayForLess (“Kaizhen”) of Shenzhen, China; ZhuHai MeiJiAn Trading Co., Ltd. d/b/a HaloFox (“ZhuHai MeiJiAn”) of Zhuhai, China; Zhuhai Shuofeng E-commerce Co., Ltd. d/b/a super-ink-club (“Shuofeng”) of Zhuhai, China; Tatrix International China Co., Ltd. (“Tatrix”) of Guangdong, China; Luozhi Trading Co., Ltd. (“Luozhi”) of Guanzhou, China; Zhuhai Zhenyang Electronics Co., Ltd. (“Zhenyang”) of Zhuhai, China; Zhuhai Hengyunda Electronics Co., Ltd. (“Hengyunda”) of Zhuhai, China; Zhuhai Rongtaida Electronics Co., Ltd. (“Rongtaida”) of Zhuhai, China; Zhuhai Shi Wei Tai Electronics Co., Ltd. (“Shi Wei Tai”) of Zhuhai, China; Zhuhai Yixing Electronics Co., Ltd. (“Yixing”) of Zhuhai, China; Zhuhai Bowang Technology Co., Ltd. (“Bowang”) of Zhuhai, China; Mei Jin Technology HK Co., Ltd. (“Mei Jin”) of Hong Kong, China; Mountain Peak, Inc. (“Mountain Peak”) of Industry, CA; and Straightouttaink, LP (“Straightouttaink”) of San Jose, CA. The Office of Unfair Import Investigations (“OUII”) was also named as a party in this investigation. Id.

The Commission previously found respondents Tatrix, Luozhi, Zhenyang, Hengyunda, Rongtaida, Shi Wei Tai, Yixing, Bowang, Mei Jin, Mountain Peak, and Straightouttaink in default. See Order No. 8 (Sept. 15, 2025), unreviewed by Comm'n Notice (Nov. 17, 2025). The Commission also previously found respondents Ocbestjet Dongguan, Ocbestjet HK, Kaizhen, ZhuHai MeiJiAn, and Shuofeng in default. See ( printed page 53425) Order No. 10 (Dec. 3, 2025), unreviewed by Comm'n Notice (Dec. 22, 2025).

On January 8, 2026, the Commission terminated the following respondents from the investigation: Shenzhen Hongxinyuan, Shangrao Shixuan, Shen Zhen Sailing, and Qiong Wang. See Order No. 11 (Dec. 11, 2025), unreviewed by Comm'n Notice (Jan. 8, 2026).

On January 20, 2026, the Commission terminated the investigation as to claims 2, 3, 8, and 10 of the '172 patent; claims 8 and 10 of the '934 patent; claims 12, 17, 19-20, and 24 of the '038 patent; claims 13, 15, and 20-21 of the '248 patent; and claims 2, 8, 13-15, and 20-22 of the '249 patent. Order No. 12 (Dec. 18, 2025), unreviewed by Comm'n Notice (Jan. 20, 2026).

On March 24, 2026, the ALJ issued an initial determination (Order No. 16) (“ID”) granting Epson's motion for summary determination of a violation of section 337. The ID also includes a Recommended Determination (“RD”) recommending that the Commission issue a GEO barring entry of products that infringe the asserted claims, issue CDOs against respondents Mountain Peak and Straightouttaink, and set a bond in the amount of 100 percent of the entered value of the infringing articles imported during the period of Presidential review.

On April 6, 2026, the Commission issued its post-RD notice seeking submissions on public interest issues raised by the relief recommended by the ALJ should the Commission find a violation. 91 FR 17307-08 (April 6, 2026). No responses were filed from the public. On April 21, 2026, Epson filed a statement on the public interest pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).

On May 8, 2026, the Commission issued a notice determining to review the ID in part with respect to the economic prong of the DI requirement and requesting written submissions on the issues under review as well as remedy, the public interest, and bonding. 91 FR 25921-23 (May 12, 2026) (“Review Notice”). The Commission determined not to review the remainder of the ID.

On May 22, 2026, Epson and OUII filed their written submissions in response to the Review Notice. No other written submissions were filed in response to the Review Notice. On May 29, 2026, Epson and OUII filed their replies to the other party's written submissions.

Having reviewed the record of the investigation, including Order No. 16 and the parties' written submissions, the Commission has determined to affirm with supplemental analysis the ID's findings that Epson has satisfied the economic prong of the DI requirement. The Commission has determined that the appropriate remedy is a GEO and CDOs against respondents Mountain Peak and Straightouttaink, as to claims 1 and 7 of each of the following patents: the '172 patent, the '934 patent, the '038 patent, the '248 patent, and the '249 patent.

The Commission has further determined that the public interest factors enumerated in subsections (d)(1), (f)(1), and (g)(1) (19 U.S.C. 1337(d)(1), (f)(1), and (g)(1)) do not preclude issuance of the above referenced remedial orders. Additionally, the Commission has determined to impose a bond in the amount of one hundred percent (100%) of the entered value of the covered products during the period of Presidential review. 19 U.S.C. 1337(j). The Commission issues its opinion herewith setting forth its determinations. The investigation is terminated.

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).

91 FR 53424