Notice2026-04521
Certain Off-Road Vehicles and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
March 9, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 2, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Polaris Inc., Polaris Industries Inc., and Polaris Sales Inc., each of Medina, Minnesota. A letter supplementing the complaint was filed on February 11, 2026. The complaint, as supplemented, alleges 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 off-road vehicles and components thereof by reason of the infringement of certain claims of U.S. Patent No. 7,819,220 ("the '220 patent"); U.S. Patent No. 7,950,486 ("the '486 patent"); U.S. Patent No. 8,613,337 ("the '337 patent"); U.S. Patent No. 9,217,501 ("the '501 patent"); and U.S. Patent No. 12,187,127 ("the '127 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
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[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Notices]
[Pages 11336-11337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04521]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1490]
Certain Off-Road Vehicles and Components Thereof; Notice of
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 2, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of Polaris Inc.,
Polaris Industries Inc., and Polaris Sales Inc., each of Medina,
Minnesota. A letter supplementing the complaint was filed on February
11, 2026. The complaint, as supplemented, alleges 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 off-road vehicles and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 7,819,220 (``the '220
patent''); U.S. Patent No. 7,950,486 (``the '486 patent''); U.S. Patent
No. 8,613,337 (``the '337 patent''); U.S. Patent No. 9,217,501 (``the
'501 patent''); and U.S. Patent No. 12,187,127 (``the '127 patent'').
The complaint, as supplemented, further alleges that an industry in the
United States exists as required by the applicable Federal Statute. The
complainants request that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and cease
and desist orders.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, 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#5411101d07671c3138241421273d20377a333b22"><span class="__cf_email__" data-cfemail="0d4849445e3e4568617d4d787e64796e236a627b">[email protected]</span></a>. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. 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>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 4, 2026, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-11, 13, and 14 of the '220 patent; claims 1-6, 8, 9, 13, 15-
18, 20, 25-30, and 32-37 of the '486 patent; claims 1-9, 11-14, 16, and
18-20 of the '337 patent; claims 1-9 of the '501 patent; and claims 16,
20, and 21 of the '127 patent, and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``utility or
recreational off-road vehicle[s], consisting of a chassis, suspension,
powertrain, operator compartment, cargo system, and other features'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Polaris Inc., 2100 Highway 55, Medina, Minnesota 55340-9100
Polaris Industries Inc., 2100 Highway 55, Medina, Minnesota 55340-9100
Polaris Sales Inc., 2100 Highway 55,Medina, Minnesota 55340-9100
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint,
as supplemented, is to be served:
Zhejiang CFMOTO Power Co., Ltd., No. 116, Wuzhou Road, Yuhang Economic
Development Zone, Hangzhou, Zhejiang, 311100, China
CFMOTO Powersports, Inc., 5005 Nathan Lane North, Plymouth, Minnesota
55442-3208
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint, as supplemented, and the notice of
investigation must be submitted by the named respondents in accordance
with section 210.13 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a),
such responses will be considered by the Commission if received not
later than 20 days after the date of service by the Commission of the
complaint, as supplemented, and the notice of investigation. Extensions
of time for submitting responses to the complaint, as supplemented, and
the notice of investigation will not be
[[Page 11337]]
granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint, as supplemented, and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the complaint, as supplemented, and this notice, and to
authorize the administrative law judge and the Commission, without
further notice to the respondent, to find the facts to be as alleged in
the complaint, as supplemented, and this notice and to enter an initial
determination and a final determination containing such findings, and
may result in the issuance of an exclusion order or a cease and desist
order or both directed against the respondent.
By order of the Commission.
Issued: March 4, 2026.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2026-04521 Filed 3-6-26; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 9, 2026.
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