ITC Proposes Rule Changes for Section 337 Investigations | White & Case LLP International Law Firm, Global Law Practice
ITC Proposes Rule Changes for Section 337 Investigations

ITC Proposes Rule Changes for Section 337 Investigations

White & Case Technology Newsflash

The International Trade Commission (ITC) issued a Federal Register Notice of certain proposed rule changes that would alter procedural aspects of Section 337 investigations. The public is requested to submit comments to the proposed rule changes within 60 days. After the ITC reviews the public comments, it may proceed to issue a notice of final rule change. Below is a summary of the complaint and discovery-related proposed amendments.

For a complete list of the proposed changes, please click here.

The proposed amendments to the Complaint regulations would require a complainant to identify additional information regarding the basis for domestic industry, the type of relief sought and the products accused.

210.12(a)—Domestic Industry Basis. The amendment requires a Complainant to plead with particularity whether it alleges a domestic industry that exists or a domestic industry that is in the process of being established.

Exclusion Order. The amendment requires that a Complainant specify whether it is requesting a general exclusion order, limited exclusion order, and/or cease and desist orders.

Accused Products. The amendment requires that the Complainant describe the accused products in addition to the case caption, where "certain electronic devices" would also be described as mobile devices, tablets or computers.

The proposed amendments to the discovery regulations would include limits on depositions and interrogatories, similar to the Federal Rules of Civil Procedure. Previously, there were no codified limits to the number of depositions or interrogatories for Section 337 investigations.

210.28—Depositions. The amendment creates a ten-day period in which parties may respond to and make objections to a notice of deposition. The amendment also limits the number of depositions that parties may take as follows, unless granted permission through written motions:

Complainants: The amendment limits the complainants as a group to taking a maximum of five fact depositions per respondent or no more than 20 fact depositions, whichever is greater.

Respondents: The amendment limits the respondents as a group to taking a maximum of 20 fact depositions total.

Commission investigative attorney: If party, he or she is limited to taking a maximum of ten fact depositions and is permitted to participate in all depositions taken by any party.

210.29—Interrogatories. The amendment limits the number of interrogatories to be served to 175 interrogatories including subparts by each party.

Please let us know if you have any questions of if you would like any assistance in submitting comments to the ITC regarding the proposed rule changes.


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