ITC Clarifies Effective Date of Changes to Rules of Practice and Procedure
The International Trade Commission clarified recent changes to its Rules of Practice and Procedure, in a Federal Register notice on its website that hasn’t yet been published. According to the notice, the changes from the April 19 final rule are effective only for investigations instituted on or after May 20. The final rule had specified only a May 20 effective date. The rules are not applicable to investigations that began before May 20, although “parties are nonetheless encouraged to submit proposed consent orders consistent with Commission rule 210.21(c).
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The ITC notice also clarified that, even after the amendments to its rules, the Chief Administrative Law Judge still has the authority to consolidate investigations. ALJs may still treat related complainants as one entity, just as they do for related respondents, and they can still issue ground rules in the absence of a specific rule, the notice said.