At the International Trade Commission, a panel of up to six Commissioners is the gatekeeper of Section 337. Before the termination of any investigation, an administrative law judge's initial determination is always subject to Commission review. However, the Commissioners do not always agree and have recently shown increasing disparity on issues focused on the nuance of Section 337, like the domestic industry requirement and forms of remedy. To help navigate these disagreements, below is a comprehensive and searchable resource for all Commissioner dissents and concurrences over the last ten years. (Last updated through December 2023)
Search by Investigation Number: e.g., 1344, 794, 1190
Search by Issue: e.g., Remedy, CDO, Domestic Industry, Infringement
Search by Commissioner: e.g., Stayin, Johanson, Kearns
Our coverage in the USITC Commissioner Series details some of the key conclusions that can be drawn from this data. Read part one here, part two here, part three here and part five here.
To view the full article, click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.