China's LED photo flash industry response to the United States 337 investigation

Recently, the China Chamber of Commerce for Import and Export of Mechanical and Electrical Products convened the "337 Investigation and Early Warning Conference." Some manufacturers of LED video light industry in Fujian, Zhejiang, and Guangdong were convened to attend the meeting. The involved counterparts of the meeting conducted full exchanges on how to respond to the US 337 investigation and formed a consensus. In order to protect the legitimate rights and interests of Chinese enterprises more effectively, and boycott the use of non-tariff barriers by foreign countries, especially U.S. companies, to engage in unfair competition and attempt to monopolize the U.S. market, we decided to take measures to respond positively.

According to the warning information, Litepanels filed an application with the US International Trade Commission, accusing 14 companies (including 6 Chinese companies) of LED video light equipment from China, Italy and the United States for export to the United States or for sale in the United States. Fuzhou Fulaishi Imaging Equipment Co., Ltd. of Fujian Province infringed on five of its patents and requested that the respondent initiate a 337 investigation and issue a general exclusion order to issue an early warning.

In recent years, the United States frequently used 337 investigation methods to restrict the products imported by China. In 2010, the US International Trade Commission initiated a total of 337 investigation cases, of which 19 were involved in investigations by Chinese respondents, accounting for 1 / 3, the vast majority of products involved are electromechanical products, especially electronic information technology products. Due to the tedious process of responding to 337 cases, it usually takes more than one and a half years or even several years. The workload during the litigation is huge, and litigation and lawyers are expensive. Generally, they are millions or even millions of dollars. The enterprises involved, especially small and medium-sized enterprises, have been discouraged, and they are simply unable to cope. However, once abandoning the suit, it means not only that its own product will be expelled from the country, but also that all products of other countries in the same country will be excluded due to the “universal exclusion order”, regardless of its source and whether it has been sued. Its negative impact is very serious.

The 337 investigation is an administrative measure taken by the United States to protect its local companies from competitors in other countries. Judging from this case, in 2010, China's export of LED-related products to the United States was about US$1 million. Although the amount of trade was small, the product was a new type of energy-saving and environmentally-friendly product and had huge market potential. The current total market in the United States has reached 30 million U.S. dollars, and there is greater room for growth in the future. China's high-quality, low-cost products have strong competitiveness in the U.S. market and pose a direct threat to U.S. LED photoflash equipment companies.

Prosecution Fanglipante is one of the few manufacturers of LED photo flash equipment in the United States. With its monopoly in the US market, the company is mainly oriented to the government procurement and group procurement markets, and it has an absolute market advantage. According to the judgment of the relevant international authority, its product performance is backward, the quality is not high and the market price is still high. Because China’s inexpensive and similar products enter the US market, its competitive advantage in the market has been greatly weakened. Therefore, it chose to use 337 to investigate this kind of administrative non-tariff barriers to suppress Chinese opponents.

According to the search and analysis of China's social institutions in the area of ​​intellectual property expertise, China's LED video light company responded to the investigation. The odds of the investigation are relatively large. According to relevant search reports, there are 198 patents directly related to the patents involved, and the lawsuit patent The fact of being invalid or unenforceable is obvious. However, the prosecution uses Chinese companies on the one hand and does not understand non-tariff barriers including 337 investigative measures. On the other hand, in response to such investigations, it is necessary to pay astronomical lawsuits and lawyers’ fees, and to abuse the right of suit under the asylum of the United States Government. He hoped that Chinese enterprises would be able to withdraw from the war and give up the US LED video light market to US companies.

In order to safeguard the legitimate rights and interests of Chinese companies and maintain a fair and competitive international trade order, relevant functional organizations in Fujian Province contacted Fuzhou Fullerly Company in the first instance to provide detailed knowledge of 337 investigations and actively mobilized and coached the company. Deal with work. Fuleshi Company stated that it will take the infringement of the patent of the prosecution as a breakthrough and join other companies involved in Guangdong and Zhejiang to hire lawyers including US and Chinese lawyers to respond to the case and try its best to maintain a fair international trade order and ensure that China is created in the United States. And even the global market should have a share.

Gel Pen

Kaflon Measuring And Controlling Instruments Co., Ltd. , http://www.interwell-pen.com

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