• International Trade Commission Issues Notice of Proposed Rulemaking Related to the Public Interest in Section 337 Investigations
  • October 15, 2010 | Authors: Gilbert B. Kaplan; Jeffrey M. Telep
  • Law Firms: King & Spalding LLP - Washington Office ; King & Spalding LLP - Atlanta Office ; King & Spalding LLP - Washington Office
  • The public interest test in Section 337 cases historically has been of limited importance, playing a role in only a small number of cases. This may be about to change. On October 1, 2010, the United States International Trade Commission (the ITC) published a notice of proposed rulemaking (NPRM) in the Federal Register providing notice and an opportunity to comment on proposed new rules relating to public interest determinations in investigations under Section 337 of the Tariff Act of 1930. Currently, Section 337 requires the ITC to determine whether public interest factors preclude relief, but does not allow the Administrative Law Judge (ALJ), who takes evidence during the investigation, to address the public interest absent a Commission order to do so.