Early Dispositions in ITC Section 337 Investigations: 100-Day Proceedings and Interim Initial Determinations

Summary

This practice note provides guidance to private parties to an International Trade Commission (ITC or Commission) Section 337 proceeding on the likelihood a complaint may (or should) be subject to a 100-day proceeding or Interim Initial Determination (ID.). A Section 337 investigation is considered fast-paced (2022 investigations on average took about 17 months to reach final determination on the merits), but a 100-day proceeding and an Interim ID. allow an investigation or specific issue to be disposed even earlier, where warranted. In both situations, the ALJ and the Commission will reach a decision on the merits after an evidentiary hearing, allowing competing evidence to be weighed and evaluated. This distinguishes the procedures from summary determination motions, where an issue cannot be resolved in favor of the movant unless there is no genuine issue of material fact.