Standards organization files petition against Chinese imports with counterfeit symbols

3-A Sanitary Standards Inc. announced it has filed a petition with the United States International Trade Commission seeking an exclusion order against certain food processing equipment imported from China into the United States that bears a counterfeit 3-A Symbol, or such products that have falsely advertised that they meet 3-A Sanitary Standards for hygienic equipment design. This action, filed under Section 337 of the Tariff Act of 1930, would permit the importation, however, of equipment bearing a non-counterfeit 3-A Symbol.

The complaint names as respondents:

• Wenzhou QiMing Stainless Co. Ltd
• High MPa Valve Manufacturing Co. Ltd.
• Wenzhou Sinco Steel Co. Ltd.
• Wenzhou Kasin Valve Pipe Fitting Co. Ltd.
• Wenzhou Fuchuang Machinery Co. Ltd.

3-A SSI’s submission documents specific actions by these companies to place a counterfeit 3-A Symbol on food processing equipment marketed or imported into the United States and false claims that the goods meet “3-A” standards.

3-A SSI requested the USITC to issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders. “These continuing counterfeits damage the integrity of the entire 3-A Symbol program and they place the health and safety of American consumers at risk,” according to Executive Director Tim Rugh.

Interested parties are invited to file comments on any public interest issues raised by the complaint. Comments should address whether issuance of the relief specifically requested by 3-A SSI in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that:

• (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;
• (ii) Identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;
• (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;
• (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and
• (v) Explain how the requested remedial orders would impact United States consumers.

Written submissions on the public interest must be filed no later than March 26, 2019. See details and instructions for submitting online comments at: https://www.federalregister.gov/documents/2019/03/18/2019-04948/notice-of-receipt-of-complaint-solicitation-of-comments-relating-to-the-public-interest.