ITC Issues Final Rule to Amend its Section 337 Rules of Practice and Procedure
The International Trade Commission has issued a final rule, effective August 6, 2008 that will amend certain provisions of 19 CFR Parts 201 and 210 with respect to its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement in investigations under section 337 of the Tariff Act of 1930.
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(According to the ITC, section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods, however other forms of unfair competition such as copyrights, trade secrets, antitrust claims, etc. may also be asserted.)
Highlights of the Final Rule Changes
The following are highlights of the ITC's changes to its section 337 Rules of Practice and Procedure (partial list):
Review of final determinations. The final rule amends 19 CFR 210.42(h)(2) and 210.43(d)(1) such that the ITC will have sixty days to determine whether to review a final initial determination and an additional sixty days for final disposition of the section 337 investigation.
ALJ order is final after 16 months. The final rule also amends 19 CFR 210.51(a) by providing that if the target date set by order of the administrative law judge (ALJ) does not exceed 16 months from the date of institution of the section 337 investigation, the order of the ALJ shall be final.
ALJ determinations on sanctions motions. The final rule revises 19 CFR 210.25(f) to permit an ALJ to defer issuing a recommended determination on a sanctions motion until 30 days after the issuance of the ITC's final section 337 determination.
Bond forfeitures. The final rule amends 19 CFR 210.50(d) to extend the time for filing a motion for bond forfeiture to 90 days after expiration of the Presidential period of review under section 337.
(See final rule for comments received on the proposed rule, certain changes made from the proposed rule, and complete regulatory amendments.)
(See ITT's Online Archives or 01/08/08 and 02/19/08 news, 08010825 and 08021920, for BP summaries of the proposed rule and the extension of the comment period, respectively.)
ITC contact - James Worth (202) 205-3065
ITC final rule (D/N MISC-022, FR Pub 07/07/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-14872.pdf