ITC Reviews in Part a Final Initial Determination Finding Trade Secret Misappropriation in Corning's LCD Glass Substrate Investigation.

The investigation

Corning Incorporated of Corning, New York filed its complaint with the Commission on December 18, 2024 and supplemented it on January 7, 2025. On January 17, 2025, the Commission ordered that Investigation No. 337-TA-1433 be instituted, and the notice of investigation was published on January 24, 2025. The complaint alleged infringement of claims of U.S. Patents 7,851,394, 8,627,684, and 9,512,025 under section 337(a)(1)(B), and misappropriation of trade secrets under section 337(a)(1)(A), the threat or effect of which is to destroy or substantially injure a domestic industry. The notice describes the accused products as "glass substrates for LCDs, display panels containing the same, and electronic devices containing the same, which are TVs, monitors, notebook and laptop computers, and tablets." Corning 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 nine Respondents: Caihong Display Devices Co., Ltd., doing business as Irico Display Devices Co., Ltd., of Xianyang, China (Caihong Display); Xianyang CaiHong Optoelectronics, Technology Co., Ltd. of Xianyang, China (CHOT); TCL China Star Optoelectronics, Technology Co., Ltd. of Shenzhen, China (CSOT); TTE Technology, Inc., doing business as TCL North America, of Irvine, California (TCL); Hisense USA Corporation of Suwanee, Georgia; HKC Corporation Ltd. of Shenzhen, China; HKC Overseas Ltd. of Hong Kong; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; and VIZIO, Inc. of Irvine, California.

How the case narrowed to trade secrets

Corning withdrew its patent claims in stages. The ALJ issued five initial determinations between February 17 and November 20, 2025 (Order Nos. 7, 38, 51, 54, and 55) terminating the investigation as to the asserted patents or claims, and the Commission determined not to review any of them. With the last one, which the Commission let stand on December 15, 2025, the remaining claims of the '684 patent left the investigation, and the Commission's notice says Corning's trade secret misappropriation claims remained pending.

Five Respondents left on settlement agreements: the two HKC companies (Order No. 44, July 21, 2025), VIZIO (Order No. 52, September 9, 2025), LG Electronics U.S.A. (Order No. 53, September 24, 2025), and Hisense USA (Order No. 85, March 25, 2026). The Commission did not review any of those orders. On February 10, 2026, the Commission also let stand Order No. 64, which granted Corning's motion for summary determination that the remaining Respondents satisfied the importation requirement.

The final initial determination and the remedy recommendation

According to the Commission's September 2026 notice, the ALJ's July 23, 2026 final initial determination found a violation of section 337 by each of Caihong Display, CHOT, CSOT, and TCL by reason of misappropriation of certain trade secrets. The Respondents petitioned for review on August 4, 2026, Corning and the Office of Unfair Import Investigations filed contingent petitions the same day, and each party responded to the other parties' petitions on August 12, 2026.

In an August 6, 2026 recommended determination, the ALJ recommended that, if the Commission finds a violation, it issue a limited exclusion order of approximately 5 to 6 years covering glass substrates for liquid crystal displays and products containing them that are imported, sold for importation, or sold after importation by Caihong Display, CSOT, CHOT, and TCL, and a cease and desist order directed to TCL. The ALJ recommended a bond of 9.8 percent during the period of Presidential review. On September 8, 2026, Corning filed public interest comments under Commission Rule 210.50(a)(4), and two outside organizations and Respondents Caihong Display and CHOT filed comments in response to the Commission's August 11, 2026 notice.

What the Commission is reviewing

The Commission determined to review three parts of the final initial determination: the determination that CHOT and CSOT are in violation of section 337; the determination that relief is not barred by any statute of limitations; and the final initial determination's statements and findings that Corning did not take reasonable measures to maintain the secrecy of its trade secrets during the years that elapsed before Corning pursued any legal claim against the Respondents. A footnote to the notice says Chairman Doyle would not review the final initial determination and would only request briefing on remedy, bonding, and the public interest.

The Commission asked the parties four questions, all about CHOT and CSOT: whether either can be characterized as an affiliated company, parent, subsidiary, agent, or other related business entity, or a successor or assign, of any other Respondent; the extent to which they have or have not had "close working relationships" with Caihong Display, as referenced in footnote 113 on page 205 of the final initial determination, at any time between January 2007 and the present; whether their relationships with Caihong Display are sufficient circumstantial evidence to conclude that CHOT or CSOT knew or should have known of the content of any Corning trade secrets used by Caihong Display, in addition to knowing of the trade secrets' existence and Caihong Display's alleged misappropriation; and when CHOT and CSOT each became aware of that alleged misappropriation. The parties were told to brief only those discrete issues.

The Commission also requested submissions on remedy, the public interest, and bonding. It asked Corning to identify the remedy it seeks, the HTSUS subheadings under which the accused products are imported, and all known importers, and asked Corning and the Office of Unfair Import Investigations for proposed remedial orders. Initial submissions were due October 5, 2026, and replies October 13, 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 23, 2026. The ALJ set it in Order No. 87 on June 10, 2026, and the Commission determined not to review that order on June 26, 2026.

What to watch next

Watch for the Commission's final determination on the reviewed issues and on remedy, the public interest, and bonding, due by the November 23, 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, including by settlement or withdrawal of the complaint.