Glow Fish Tape vs. Helmets: Trade Commission's Weirdest Case Yet
Published Date: 9/9/2026
Notice
Summary
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to review in part a final initial determination ("FID") issued by the presiding chief administrative law judge's ("CALJ") in the above-captioned investigation finding a violation of section 337 of the Tariff Act of 1930, and to solicit briefing on the issues under review as well as remedy, bonding, and the public interest.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Bond Could Require 100% of Entered Value
The ALJ recommended that, if a remedy is ordered, the Commission set a bond equal to 100 percent of the entered value of covered hard hats and safety helmet products that may be imported during the 60-day Presidential (U.S. Trade Representative) review period. During that 60-day review the articles may enter the United States only under bond in the amount set by the Commission and prescribed by the Secretary of the Treasury.
Possible Ban on Certain Hard Hats
The Commission could issue an exclusion order that would block the subject articles—covered hard hats and safety helmet products tied to the asserted patents—from being imported into the United States. If ordered, those specific imported products could be prevented from entering U.S. commerce while the remedy is in effect.
Cease-and-Desist Orders Could Stop U.S. Sales
The Commission could issue cease-and-desist orders requiring respondents (e.g., the named respondent Milwaukee Electric Tool Corporation) to stop engaging in unfair acts in the importation and sale of the accused articles in the United States. Such an order could force those sellers to discontinue U.S. sales of the covered products.
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Key Dates
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