Lessons From 5 Years Of Public Interest Delegation At ITC

Law360, New York (August 5, 2015, 10:10 AM EDT) -- In 2010, the U.S. International Trade Commission changed its procedures to facilitate the early identification of Section 337 investigations in which an exclusion order would present significant concerns under the statutory "public interest" test and to permit the development of a factual record on public interest issues. Since then, the ITC has flagged 49 investigations — just under a quarter of all new investigations instituted — as meriting an enhanced focus on public interest and directed the assigned administrative law judge to develop an evidentiary record on public interest issues. After five years, it is time to take stock of how these new procedures are working....

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