Notice2026-01386
Certain Storage Containers and Toolboxes, Organizers, Component Boxes, and Coolers; Commission Decision To Review an Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
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Published
January 26, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the Commission has determined to review in part the Chief Administrative Law Judge's ("CALJ's") final initial determination ("FID") finding a violation of section 337 with respect to U.S. Patent Nos. 11,365,026 ("the '026 patent"); 11,794,952 ("the '952 patent"); and 11,952,167 ("the '167 patent") (collectively, "the Asserted Patents"). The Commission requests briefing from the parties on certain issues under review, as set forth in this notice. The Commission also requests briefing from the parties, interested persons, and government agencies on the issues of remedy, the public interest, and bonding.
Full Text
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<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
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[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Notices]
[Pages 3219-3221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01386]
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[INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1409]
Certain Storage Containers and Toolboxes, Organizers, Component
Boxes, and Coolers; Commission Decision To Review an Initial
Determination in Part; Schedule for Filing Written Submissions on the
Issues Under Review and on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has determined to
review in part the Chief Administrative Law Judge's (``CALJ's'') final
initial determination (``FID'') finding a violation of section 337 with
respect to U.S. Patent Nos. 11,365,026 (``the '026 patent'');
11,794,952 (``the '952 patent''); and 11,952,167 (``the '167 patent'')
(collectively, ``the Asserted Patents''). The Commission requests
briefing from the parties on certain issues under review, as set forth
in this notice. The Commission also requests briefing from the parties,
interested persons, and government agencies on the issues of remedy,
the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="df9a9b968cec97bab3af9faaacb6abbcf1b8b0a9">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 July 19, 2024, based upon a complaint filed on behalf of Milwaukee
Electric Tool Corporation of Brookfield,
[[Page 3220]]
Wisconsin and Keter Home and Garden Products Ltd. of Israel
(collectively, ``Complainants''). 89 FR 58764-65 (July 19, 2024). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
storage containers and toolboxes, organizers, component boxes, and
coolers by reason of infringement of certain claims of the '026 patent,
the '952 patent, and the '167 patent. The Commission's notice of
investigation named as the respondent Klein Tools, Inc. of
Lincolnshire, Illinois. The Office of Unfair Import Investigations is
not a party to this investigation.
Over the course of the investigation, Complainants withdrew certain
asserted claims. See Order No. 15 (Jan. 24, 2025), unreviewed by Comm'n
Notice (Feb. 18, 2025); Order No. 19 (Feb. 11, 2025), unreviewed by
Comm'n Notice (Feb. 24, 2025); Order No. 20 (Feb. 27, 2025), unreviewed
by Comm'n Notice (Mar. 13, 2025). The asserted claims that remain are
claims 4 and 8 of the '026 patent; claims 3, 4, 8, and 16 of the '952
patent; and claims 2, 5, 8, 14, and 15 of the '167 patent. See Order
No. 20 at 2 n.1.
On August 1, 2025, the CALJ issued the FID, which finds a violation
of section 337 finding all of the asserted patent claims recited above
infringed and not invalid. The FID also finds that the domestic
industry requirement has been satisfied for each of the Asserted
Patents pursuant to section 337(a)(3)(A) and (B). The FID declined to
make findings as to whether Complainants have satisfied the domestic
industry requirement under section 337(a)(3)(C).
On August 15, 2025, Klein filed a petition for Commission review of
the FID as to the economic and technical prongs of the domestic
industry requirement, and invalidity based on certain prior art. On
August 28, 2025, Complainants filed a response to the petition.
On September 2, 2025, Complainants filed a public interest
submission pursuant to Commission Rule 210.50(a)(4)(i), 19 CFR
210.50(a)(4)(i). The Commission did not receive any submissions
pursuant to the Federal Register notice published after issuance of the
RD. See 90 FR 38175-76 (Aug. 7, 2025).
Having reviewed the record of the investigation, including the
final FID, the parties' submissions to the ALJ, the petition for
Commission review and the response thereto, the Commission has
determined to review the FID in part. Specifically, the Commission has
determined to review the FID's findings concerning the economic prong
of the domestic industry requirement, patent invalidity, and the
technical prong of the domestic industry requirement, as well as any
underlying claim construction findings. The Commission has determined
not to review the remainder of the FID's findings.
In accordance with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
(1) In connection with Complainants' reliance on activities at
Milwaukee's Cookeville facility, if the Commission were to consider
Keter's foreign manufacturing of Milwaukee-branded domestic industry
articles as part of the relevant contextual inquiry for the existence
of a domestic industry, please explain whether Complainants presented
sufficient evidence to the ALJ to show the existence of a domestic
industry.
(2) Under a holistic approach to the domestic industry analysis
consistent with the Federal Circuit's holding in Wuhan Healthgen
Biotechnology Corp. v. Int'l Trade Comm'n, 127 F.4th 1334, 1339 (Fed.
Cir. 2025), please explain whether Complainants presented sufficient
evidence to the ALJ to show the asserted investments significant
pursuant to section 337(a)(3)(A) and (B). Under such a holistic
approach, is Complainant required to compare its domestic investments
in engineering, research, and design or in manufacturing of the DI
products to its foreign manufacturing costs of the DI products,
including Keter's foreign manufacturing costs? See Certain Soft
Projectile Launching Devices, Components Thereof, Ammunition, and
Products Containing Same, Inv. No. 337-TA-1325 (Jan. 5, 2026)
(including Separate Views of Chair Karpel in Dissent); Certain Movable
Barrier Operator Systems and Components Thereof, Inv. No. 337-TA-1118,
Comm'n Op. at 26 (Jan. 12, 2021).
(3) If the Commission were to set aside Milwaukee's investment in
its Olive Branch facility, please explain whether and why there is a
domestic industry, under 19 U.S.C. 1337(a)(3)(A) or (a)(3)(B).
(4) Please explain whether Milwaukee has demonstrated substantial
investment in the exploitation of the Asserted Patents under 19 U.S.C.
1337(a)(3)(C). Please explain the nexus between the asserted patents
and the domestic investments, including in view of the asserted
patents' apparent depiction of the domestic industry articles. Also
please explain the relevance, if any, of the FID's nexus findings for
the commercial success factor of the objective indicia of
nonobviousness as to the requisite nexus for a domestic industry under
19 U.S.C. 1337(a)(3)(C).
(5) Please explain whether and how the date of the 3[verbar]2015
catalog (RX-0183) affects the FID's finding that Klein failed to
demonstrate that the Auer system is prior art.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
a cease and desist order would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21,
[[Page 3221]]
2005, 70 FR 43251 (July 26, 2005). During this period, the subject
articles would be entitled to enter the United States under bond, in an
amount determined by the Commission and prescribed by the Secretary of
the Treasury. The Commission is therefore interested in receiving
submissions concerning the amount of the bond that should be imposed if
a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding.
In its initial submission, the complainants are also requested to
identify the remedy sought and Complainants are requested to submit
proposed remedial orders for the Commission's consideration. The
complainants are further requested to state the dates that the asserted
patents expire, to provide the HTSUS subheadings under which the
accused products are imported, and to supply the identification
information for all known importers of the products at issue in this
investigation. All initial written submissions, from the parties and/or
third parties/interested government agencies, and proposed remedial
orders from the parties must be filed no later than close of business
on February 4, 2026. All reply submissions must be filed no later than
the close of business on February 11, 2026. Opening submissions from
the parties are limited to 35 pages. Reply submissions from the parties
are limited to 25 pages. All submission from third parties and/or
interested government agencies are limited to 10 pages. No further
submissions on any of these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1409) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons
with questions regarding filing should contact the Secretary, (202)
205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on January
21, 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).
By order of the Commission.
Issued: January 21, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-01386 Filed 1-23-26; 8:45 am]
BILLING CODE 7020-02-P
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