UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before the Honorable Bryan F. Moore
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN FLASH-SPUN NONWOVEN Investigation No. 337-TA-1424
`MATERIALS AND PRODUCTS
`CONTAINING SAME
`
`IMPAK CORPORATION DOWNSTREAM RESPONDENTS’ RESPONSE TO ORDER
`TO SHOW CAUSE ‘
`
`Respondent IMPAK Corporation respectfully submits this response to Complainants
`DuPont de Nemours, Inc., DuPont Safety Construction, Inc., and DuPont Specialty Products
`USA, LLC’s (collectively, “DuPont”) Motion for an Order to Show Cause and For Entry of
`Default Judgment as to Respondents That Failed to Timely Respond (Mot. Dkt. No. 1424-021).
`(“Motion” or “Mot”) and the proposed issuance of a Cease and Desist Order ("CDQ") in this
`matter. While Respondént acknowledges its procedural default in this Investigation, a CDO is
`neither necessary nor appropriate under the circumstances presented here.
`
`IMPAK Corporation is a downstream purchaser and importer operating on a just-in-time
`
`inventory model. Qur business mode! involves:
`
`- Importing material in response to confirmed customer orders
`- Maintaining minimal domestic warehouse inventory (< 90 days of supply)
`
`- Occasional shipment protocols from port of entry to end customers
`
`As of the present date, IMPAK Corporation has minimal domestic inventory levels of the
`subject material and/or goods manufactured from said material. While surveying our customer
`base to develop the standard sizing for preformed peel pouches to stock (fewer than 5 SKUs in
`
`inventory), we were alerted of the case brought before the ITC.
`
`
`
`
`
`
`
`
`IMPAK Corporation js a US Defense Department recognized small business that
`relied in good faith on its supplier's representations regarding intellectual - property
`rights. IMPAK Corporation has taken commercially reasonable preparations to
`comply with the anticipated exclusion order and has no intention or ability to circumvent
`it if soruled. Should the Commission determine that some form of order beyond the
`General Exclusion Order is warranted, IMPAK respectfully proposes a limited wind-down
`period of 180 days to sell through existing inventory and avoid exposure to financial damage.
`
`A General Exclusion Order alone would fully and effectively protect Complainant's
`intellectual property rights by preventing all future importation of the allegedly
`infringing material, while allowing orderly wind-down of existing limited inventory. Issuing a
`Cease and Desist Order is therefor unnecessary and would impose severe and
`disproportionate consequences on Downstream Respondents, its employees, and its
`customers without corresponding benefit to any party.
`
`We respectfully request that the Commission decline to issue a Cease and Desist Order
`
`or, alternatively, adopt a limited wind-down period as outlined above.
`
`Respectfully submitted,
`
`IMPAK Corporation
`Dated: February 13, 2026
`
`By: /s/ Julien Edwar
`
`llen 7
`
`; AK Corporation
`1370 S. Broadway Ave,
`Los Angeles, CA 90061
`Telephone: (202) 783-5070
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that true and correct copies of the foregoing document:
`
`IMPAK CORPORATION DOWNSTREAM RESPONDENTS' RESPONSE TO
`ORDER TO SHOW CAUSE
`
`have been filed and served on this 13® day of February, 2026, on the folIoWing:
`
`The Honorable Lisa R. Barton ] Via First Class Mail
`Secretary to the Commission (] Via Hand Delivery
`U.S. International Trade Commission [ ] Via Federal Express
`500 E Street, S.W. X] Via Electronic Filing
`Washington, D.C. 20436
`The Honorable Bryan F. Moore [] Via First Class Mail
`Administrative Law Judge (] Via Hand Delivery
`U.S. International Trade Commission (two double sided paper
`500 E Street, SSW., Room 317 copies)
`Washington, D.C. 20436 [ ] Via Federal Express
`Email: moorel424@usitc.gov [ ] Via Electronic Mail
`Via USITC Box Platform
`W. Peter Guarnieri, Esq. [] Via First Class Mail
`Investigative Attorney [ ] Via Hand Delivery
`Office of Unfair Import Investigations [ ] Via Federal Express
`U.S. International Trade Commission Via Electronic Mail.
`
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`Email: peter.guarnieri@usitc.gov
`
`Celine J. Crowson [ ] Via First Class Mail
`HOGAN LOVELLS US LLP [ ] Via Hand Delivery
`
`555 Thirteenth St, NW [ ] Via Federal Express
`Washington, D.C. 20004 Via Electronic Mail
`
`Email: DuPont ITC HL@hoganlovells.com
`
`Counsel for DuPont de Nemours, Inc., DuPont Safety &
`Construction, Inc., and DuPont Specialty Products USA,
`LLC
`
`
`
`
`
`
`
`
`
`Kathryn L. Clune [_1 Via First Class Mail
`
`CROWELL & MORING LLP (] Via Hand Delivery
`1001 Pennsylvania Avenue, NW [ ] Via Federal Express
`Washington, D.C. 20004 Via Electronic Mail
`
`Email: DuPont-ITC@Crowell.com
`
`Counsel for DuPont de Nemours, Inc., DuPont Safety &
`Construction, Inc., and DuPont Specialty Products USA,
`LLC
`
`/s/ Julien Edwards
`
`
`
`
`
`
`
`
`
`