ITC finds MyW Technology in default on electronic eyewear patent case
The U.S. International Trade Commission has determined not to review an initial determination that MyW Technology Co., Ltd. (Guangming District, Shenzhen, China) is in default in an investigation into certain electronic eyewear products, components, and related charging apparatuses. The Commission is now requesting written submissions from parties and interested persons on remedy, public interest, and bonding issues under a specified schedule.
Photo: Atlantic Ambience / PexelsITC Default Finding in Electronic Eyewear Investigation
On May 21, 2026, the U.S. International Trade Commission announced it will not review an initial determination finding MyW Technology Co., Ltd. of Guangming District, Shenzhen, Guangdong, China in default in an ongoing investigation into certain electronic eyewear products, components thereof, and related charging apparatuses.
According to the Federal Register notice, the Commission's presiding administrative law judge issued Order No. 27, an initial determination ("ID") establishing that MyW, the remaining respondent in the case, is in default. By declining to review this determination, the Commission has allowed the ALJ's finding to stand.
"The U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 27) of the presiding administrative law judge ("ALJ") that finds the remaining respondent MyW Technology Co., Ltd. ("MyW") of Guangming District, Shenzhen, Guangdong, China in default."
A respondent's default status in an ITC investigation typically occurs when a party fails to adequately respond to discovery demands, attend proceedings, or otherwise comply with the Commission's procedural requirements. This finding can result in the ITC proceeding without the respondent's participation and may lead to adverse inferences against the defaulting party.
With MyW's default affirmed, the investigation moves to the remedy phase. The Commission is now soliciting written submissions from the complainant, any remaining responding parties, interested government agencies, and the general public on three key issues:
- Remedy — what relief the Commission should grant (which may include exclusion orders or cease-and-desist orders affecting imports of the electronic eyewear products and components in question)
- Public Interest — whether the proposed remedy would harm U.S. consumers, competing domestic manufacturers, or other economic interests
- Bonding — whether respondents should be required to post a bond pending appeal
The Commission's request sets forth a specific schedule for these submissions, though the Federal Register notice does not detail the exact deadlines in the excerpt provided.
What this means for shippers
If the ITC issues an exclusion order, imports of the infringing electronic eyewear products and components from MyW and potentially other Chinese manufacturers could be blocked at the port of entry. Shippers and importers handling electronic eyewear (HS chapter 90, subheading 9004.90 or related) from China must monitor this case for the final remedy determination. Non-compliance could result in goods being held or seized. Review the ITC's final order once issued and confirm HS classification and origin with your suppliers immediately. /hs-codes/search
