Opponents of LCD Import Ban Wrong to Base Arguments on COVID-19, Says Sharp

Vizio and its suppliers TPV and Xianyang CaiHong Optoelectronics wrongly used the COVID-19 pandemic to argue against an International Trade Commission import ban on LCD displays (see 2005090002), said Sharp Electronics in rebuttal comments posted Monday in docket 337-3451. Sharp’s April 21 complaint seeks cease and desist and limited exclusion orders against displays from the three companies for allegedly infringing five Sharp LCD patents. The products are large TV panels “used primarily for entertainment,” a “small subset” of the LCD screens the public is using for telework and distance learning under coronavirus stay-at-home restrictions, said Sharp. The COVID-19 argument against an import ban is based on “past facts” that are “subject to change,” it said. “The relevant facts are those that exist when the remedial orders issue.” Opponents of an import ban during the “remedy phase” of a Tariff Act Section 337 investigation into Sharp’s allegations “can submit evidence and comments,” and the ITC “can determine whether remedial orders harm the public interest,” it said.