By Eric Schweibenz
On October 27, 2016 and November 3, 2016, the ITC entered consent orders against Respondents ACL Group (Intl.) Ltd. (“ACL”) and Zhejiang Aike Appliance Co., Ltd. (“Aike”), respectively, in Certain Hand Dryers and Housings for Hand Dryers (Inv. No. 337-TA-1015).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer Inc. (“Excel”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain hand dryers and housings for hand dryers that infringe Excel’s trade dress.  See our June 27 and July 26, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to the orders, ACL and Aike each executed a consent order stipulation and moved for an Initial Determination terminating the investigation as to ACL and Aike.  Without admitting to an unfair act or infringement, ACL and Aike agreed not to sell for importation, import, or sell after importation in the U.S. any hand dryers or housings for hand dryers that Excel has alleged infringe the trade dress asserted in the complaint.  ACL and Aike also agreed to re-export any inventory of such hand dryers or housings in the U.S.