337: DRAM II ended; child carriers respondent added
DRAM II closed after Netlist/Samsung settlement ID. Ergobaby child carriers case adds Xiamen Danke. No exclusion order yet.
The ITC closed one section 337 investigation on settlement and expanded another by adding a respondent. DRAM Devices (II), Investigation No. 337-TA-1511, is terminated in its entirety (FR Doc. 2026-22283; 91 FR 68983), published in the Federal Register on November 2, 2026. Separately, in Adjustable Child Carriers, Investigation No. 337-TA-1514 (FR Doc. 2026-21981; 91 FR 67854, published October 28, 2026), the Commission did not review an ID adding Xiamen Danke Health Technology Co., Ltd. as a respondent. Procedures: 19 CFR Part 210; statute 19 U.S.C. 1337.
337-TA-1511 terminated after Netlist/Samsung settlement ID. 337-TA-1514 adds Xiamen Danke as respondent. No exclusion order yet in either matter.
DRAM (II) 337-TA-1511: terminated on settlement
The Commission instituted the investigation on July 20, 2026 on a complaint by Netlist, Inc. of Irvine, California (91 FR 45286-87). Asserted patents: U.S. Patent No. 12,646,537 (claims 1-8, 10, 11, 14-17, 19, and 20) and U.S. Patent No. 12,650,937 (claims 1-7 and 18-20). Named respondents: Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung Semiconductor, Inc.; Google LLC; Super Micro Computer, Inc.; NVIDIA Corp.; and Broadcom Inc. The Office of Unfair Import Investigations was a party.
On August 18, 2026, Netlist and the Samsung respondents jointly moved to terminate as to all respondents based on a settlement agreement and to limit service of the confidential agreement. On September 28, 2026, the ALJ issued Order No. 7 granting the motion, finding compliance with 19 CFR 210.21(b)(1) and no adverse public-interest effect under 19 CFR 210.50(b)(2). No petitions for review were filed. The Commission voted October 28, 2026 not to review the ID; the investigation is terminated in its entirety. Settlement terms are not described in the notice.
Patents: 12,646,537 (claims 1-8, 10, 11, 14-17, 19, 20) · 12,650,937 (claims 1-7, 18-20)
ALJ Order No. 7 (Sep 28, 2026) · joint motion Aug 18, 2026 · terminated in its entirety
This DRAM (II) matter is separate from the earlier Netlist/Samsung settlement termination in 337-TA-1472 (Netlist/Samsung 337-TA-1472 settlement termination) and from the later DRAM IV complaint docket against Micron, NVIDIA, Broadcom, and Google (Netlist DRAM IV complaint DN 3939).
Child carriers 337-TA-1514: Xiamen Danke added
The Commission instituted the investigation on July 27, 2026 on a complaint by The Ergo Baby Carrier, Inc. (Ergobaby) of Torrance, California (91 FR 46944-45). Asserted patents: U.S. Patent No. 10,426,275 (claims 1-3, 5, 6, 12, 16, and 17) and U.S. Patent No. 12,016,470 (claims 1, 6-11, 17, 18, and 22-25). Named respondents: Mabe, LLC; Quanzhou Baby Nice Infant and Child Products Co., Ltd.; Xiamen Funwhale Technology LLC; Xiamen New Baby Products Co., Ltd. (Xiamen NBB); Koi Trading Services; Portier USA, LLC; Ava + Oliver, LLC; Artipoppe B.V.; Bugaboo Xiamen Industrial Co. Ltd.; Bugaboo International B.V.; and Bugaboo North America, Inc. OUII is not participating.
On September 24, 2026, the ALJ issued Order No. 15 granting Ergobaby leave to amend the complaint and notice of investigation to add Xiamen Danke Health Technology Co., Ltd. of Xiamen, China as a respondent. The ID found good cause because Ergobaby did not know of Xiamen Danke's role as manufacturer of certain accused products until Xiamen NBB disclosed it in its response, and found no prejudice because those products are already in the investigation and the case is early. No petitions for review were filed. The Commission voted October 26, 2026 not to review; Xiamen Danke is added.
Patents: 10,426,275 (claims 1-3, 5, 6, 12, 16, 17) · 12,016,470 (claims 1, 6-11, 17, 18, 22-25)
ALJ Order No. 15 (Sep 24, 2026) · Xiamen Danke Health Technology Co., Ltd. added as respondent
Action items
- Importers and retailers sourcing accused DRAM devices or adjustable child carriers should confirm which entities are named respondents.
- An exclusion order is possible only if a violation is found later. Neither notice predicts that outcome.
- For 337-TA-1511, the investigation is closed; for 337-TA-1514, discovery and merits continue with the expanded respondent list.
A section 337 exclusion order, if any is later entered, affects whether covered goods can enter the United States. That import restriction is separate from duty recovery under 19 U.S.C. 1313. For ordinary customs-duty drawback on qualifying export or destruction claims, see how to file a duty drawback claim.
- FR Doc. 2026-22283 (91 FR 68983, published Nov 2, 2026): 337-TA-1511 (DRAM II) terminated in its entirety after Netlist/Samsung settlement ID; Commission vote Oct 28, 2026.
- Separate from terminated 337-TA-1472 and from the DRAM IV complaint docket (DN 3939).
- FR Doc. 2026-21981 (91 FR 67854, published Oct 28, 2026): 337-TA-1514 adds Xiamen Danke as a respondent; Commission vote Oct 26, 2026. No violation finding yet.
- Any later 337 exclusion order would control entry of covered goods; that is separate from duty drawback.
- Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (II); Notice of a Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation as to all Respondents; Termination of the Investigation (FR Doc. 2026-22283; 91 FR 68983; Inv. No. 337-TA-1511) · U.S. International Trade Commission
- FR Doc. 2026-22283 (PDF) · GovInfo
- Certain Adjustable Child Carriers and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Leave To Amend the Complaint and Notice of Institution of Investigation (FR Doc. 2026-21981; 91 FR 67854; Inv. No. 337-TA-1514) · U.S. International Trade Commission
- FR Doc. 2026-21981 (PDF) · GovInfo
- 19 CFR Part 210 - Adjudication and Enforcement · eCFR
- 19 U.S.C. § 1337 - Unfair practices in import trade · Legal Information Institute
- 19 U.S.C. § 1313 - Drawback and refunds · Legal Information Institute
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.
