The U.S. International Trade Commission issued its final determination in Investigation No. 337-TA-1408 on March 26, 2026, finding a violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) for certain hydrodermabrasion systems and components thereof. While the Commission determined that a limited exclusion order and cease and desist order were appropriate remedies, both have been suspended due to the imminent expiration of the asserted patent.
The bond rate during the Presidential review period has been set at zero percent (0%) of entered value for covered products — a significant detail for compliance systems tracking duty and bond requirements on these goods. This 0% bond reflects the Commission's practical assessment that enforcement would be moot given the patent's expiration mere days into the review period.
Investigation Number: 337-TA-1408
Products: Hydrodermabrasion systems and components
Final Determination Date: March 26, 2026
Bond Rate: 0% of entered value
Status: Investigation terminated; remedial orders suspended
The investigation was initiated on July 17, 2024, based on a complaint filed by HydraFacial LLC (formerly Edge Systems LLC) of Long Beach, California. The complaint alleged patent infringement of certain claims of the '287 patent through the importation, sale for importation, or post-importation sale of hydrodermabrasion systems within the United States.
Two respondents were named in the Commission's notice of investigation: Cartessa Aesthetics, LLC of Melville, New York, and Eunsung Global Corp. of the Republic of Korea. On January 21, 2025, Eunsung Global Corp. was terminated from the investigation via consent order (Order No. 19, issued December 19, 2024). The case proceeded against Cartessa, with the Administrative Law Judge issuing a final initial determination on August 26, 2025, finding a Section 337 violation by the remaining respondent.
The investigation timeline experienced a procedural extension when the Commission, on December 15, 2025, pushed the FID review deadline to January 22, 2026, citing the Federal Government shutdown. In that same notice, the Commission directed parties to address the impact of the '287 patent's upcoming expiration on the case outcome — a request that ultimately informed the decision to suspend remedial orders rather than enforce them.
On April 11, 2025, the Commission terminated the investigation as to claims 1-10, 15, 17, 20, 23, 26, 28-31, 33-37, and 39-45 of the '287 patent following an unopposed motion from the complainant. The remaining claims formed the basis of the final violation finding against Cartessa.
For trade compliance engineering teams processing import data, this case underscores the importance of tracking ITC Section 337 proceedings even when enforcement is suspended. Exclusion orders can be activated or modified, and related patent portfolios may spawn successor investigations. API consumers should ensure their systems can flag HTS codes associated with investigated products and maintain historical records of bond rate determinations.
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