The investigation
DuPont de Nemours, Inc., DuPont Safety & Construction, Inc., and DuPont Specialty Products USA, LLC, all of Wilmington, Delaware, filed their complaint with the Commission on October 9, 2024 and supplemented it on October 29, 2024. On November 15, 2024, the Commission ordered that Investigation No. 337-TA-1424 be instituted, and the notice of investigation was published on November 21, 2024. The complaint alleges violations of section 337(a)(1)(A) by reason of misappropriation of trade secrets and wrongful use and exploitation of stolen confidential and proprietary information, the threat or effect of which is to destroy or substantially injure a domestic industry. It also alleges violations of section 337(a)(1)(C) by reason of infringement of U.S. Trademark Registration Nos. 817,194, 818,688, and 818,737, which the Commission calls the TYVEK Word Marks, and No. 7,370,316, which it calls the Blue Octagon Mark. The notice describes the accused products as "flash-spun nonwoven materials sold in both paper-like hard structure or cloth-like soft structure." DuPont asked for a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. The Office of Unfair Import Investigations is a party.
The notice named 18 Respondents. Three are Dangs companies: Dawnsens New-Materials (Xiamen) Co. Ltd. (formerly known as Xiamen Dangs New-Materials Co., Ltd.) of Xiamen, China; Beijing Dangsheng Technology Co., Ltd. of Beijing, China; and Xiamen Dangsheng Technology Co., Ltd. of Xiamen, China. Five are the Kingwills Respondents: Kingwills New Material Technology Co., Ltd. of Nantong, China; Zhejiang Qingyun New Material Co., Ltd. of Jiaxing, China; Jiangsu Qingyun New Materials Co., Ltd., also known as Jiangsu Kingwills New Materials Co., Ltd., of Nantong, China; Shanghai Qingyun New Material Technology Co., Ltd. of Shanghai, China; and Kingwills International Ltd. of Kowloon, Hong Kong. The rest are Harbourpoint Innovations Inc. of Raleigh, North Carolina; Impak Corporation of Los Angeles, California; Shenzhen Zhengming Science and Technology Co., Ltd. of Huizhou, China; Weifang Konzer Safety Protective Equipment Co., Ltd. of Anqiu, China; Jiangsu Tubo New Material Co., Ltd. of Kunshan, China; Emedia Group. Inc. of Greenville, South Carolina; endur-tec, LLC of Anderson, South Carolina; Hangzhou Several Sets of Electronic Commerce Co., Ltd. and Hangzhou Qiao Shell Digital Technology Co., Ltd., both of Hangzhou, China; and Zhenping County Weihe Commerce and Trade Co., Ltd. of Nanyang, China.
Consent orders, an amendment, and defaults
On February 21, 2025, the Commission terminated the investigation as to Harbourpoint, Shenzhen Zhengming, Emedia, and endur-tec based on consent orders. On May 13, 2025, it terminated the investigation as to Zhenping County Weihe based on withdrawal of the complaint. The same day, it let stand an ALJ order amending the complaint and notice of investigation to add trade secret misappropriation allegations against Impak and Jiangsu Tubo and to add TOBO Group, doing business as Jiangsu Tubo, of Shanghai, China as a Respondent. The Commission's notice says the ALJ found those additions rested on facts that "were not available to DuPont until recently" and other "recently obtained evidence." On August 28, 2025, the Commission terminated the investigation as to the three Dangs companies based on consent orders.
On December 3, 2025, the Commission let stand an ALJ order finding Weifang Konzer, Hangzhou Several Sets, Hangzhou Qiao Shell, Jiangsu Tubo, and TOBO Group in default. The ALJ, who had earlier described Impak as a pro se party, later found that Impak failed to file a pre-hearing brief and failed to appear at the evidentiary hearing held January 26 to 30, 2026. In response to a second show cause order, Impak acknowledged "its procedural default in this Investigation." On March 24, 2026, the Commission affirmed the ALJ's finding that Impak is in default under Commission Rule 210.17 and found, as a supplemental finding, that Impak is also in default under Rule 210.16(a)(1) for failing to respond to the complaint and notice of investigation.
The final initial determination
The ALJ issued a combined final initial determination and recommended determination on remedy and bonding on July 1, 2026. According to the Commission's September 2026 notice, the final initial determination finds violations of section 337 by the Kingwills Respondents based on misappropriation of DuPont trade secrets TS-15 and TS-18 and conversion of certain confidential DuPont documents, and by Jiangsu Tubo and TOBO Group, Hangzhou Several Sets, and Hangzhou Qiao Shell based on infringement of the TYVEK Word Marks. It does not find a violation by Kingwills based on trade secrets TS-11, TS-17, TS-19, TS-22, or TS-25. The notice groups Impak, Weifang Konzer, Jiangsu Tubo, TOBO Group, Hangzhou Several Sets, and Hangzhou Qiao Shell as the Downstream Respondents. As to them, the final initial determination does not find a trade secret violation by Impak or by Jiangsu Tubo and TOBO Group, a TYVEK Word Mark violation by Impak or Weifang Konzer, or a violation by any of them based on the Blue Octagon Mark.
The final initial determination also finds that DuPont satisfied the domestic industry requirement for its trade secret claims under 19 U.S.C. 1337(a)(1)(A), in the notice's words that "DuPont has a DI and Kingwills presents a substantial threat to that industry," and the technical and economic prongs of the domestic industry requirement as to the TYVEK Word Marks. The ALJ recommended, if the Commission finds a violation, a general exclusion order covering flash-spun nonwoven materials and products containing them; in the alternative, a limited exclusion order against Kingwills and the Downstream Respondents; a cease and desist order directed to Impak; and a 100 percent bond during the period of Presidential review.
Kingwills and DuPont each petitioned for review on July 13, 2026, Kingwills as to certain of the trade secret misappropriation and conversion findings and DuPont as to certain of the trade secret misappropriation findings. At the request of the Office of Unfair Import Investigations, the Commission extended the deadline for responses to August 11, 2026, and on July 24, 2026 it extended its own deadline to decide whether to review to September 21, 2026. DuPont filed a public interest submission on July 31, 2026; the Commission received none from Kingwills. The Commission also received four public interest submissions in response to its July 7, 2026 notice, three from members of Congress and one from an individual.
What the Commission is reviewing
The Commission determined to review three findings: that DuPont failed to show that Kingwills misappropriated trade secret TS-17; that DuPont failed to show a nexus between Kingwills' misappropriation of trade secret TS-22 and a threatened injury to DuPont's domestic industry; and that a nexus exists between Kingwills' conversion of certain DuPont confidential documents and the threatened injury to that industry. It determined not to review the remaining findings. The TYVEK Word Mark findings are not among the issues under review.
The Commission requested submissions on remedy, the public interest, and bonding, addressing the ALJ's recommended determination. It asked DuPont to identify the remedy it seeks, submit proposed remedial orders, and provide the HTSUS subheadings for the accused products and the known importers. Initial submissions were due October 5, 2026, and replies October 12, 2026. If the Commission orders a remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action, and the articles may enter under bond during that period.
The target date
The target date for completing the investigation is November 2, 2026. The ALJ set it in Order No. 52 on November 17, 2025, explaining that the shutdown of the federal government required the evidentiary hearing to be rescheduled, and the Commission determined not to review that order on December 4, 2025.
What to watch next
Watch for the Commission's final determination on the three reviewed findings and on remedy, the public interest, and bonding, due by the November 2, 2026 target date unless the Commission extends it, and, if the Commission issues remedial orders, the 60-day Presidential review period that follows. The investigation can end at any time as to any Respondent, including by settlement, consent order, or withdrawal of the complaint.