International Trade Commission Issues Final Rule Related to the Public Interest in Section 337 Investigations


The United States International Trade Commission (the ITC) recently published new Final Rules in the Federal Register relating to public interest determinations in investigations under Section 337 of the Tariff Act of 1930 (“Section 337”). The new Final Rules go into effect on November 18, 2011. The new Final Rules make several key amendments to the ITC’s Rules of Practice and Procedure at 19 C.F.R. Part 210.

- Complainants are now required to file a separate statement concurrently with the complaint to address how the issuance of the requested exclusion order would affect the public interest. 19 C.F.R. § 210.8(b). The submission should:

- Explain how the articles potentially subject to the requested remedial orders are used in the United States;

- Identify any public health, safety, or welfare concerns relating to the requested remedial orders;

- Identify like or directly competitive articles that complainant, its licensees, or third parties make which could replace the subject articles if they were to be excluded;

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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