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Page 1: From Complaint to Recommended Determination

Complainant
required to include Sec. 337 complaint
public interest statement

Respondent
General public & gov't agencies may elect to file
invited to file public interest
public interest statements statement, too

Comm'n
decision
on whether
no ALJ to gather
public-interest
evidence

yes

Respondent now required to file (unless already
public interest statement filed, see above)

if participating in
(here: briefing,
this investigation,
discovery, and Public interest briefing, discovery, OUII ("ITC staff")
hearing only
on alleged evidentiary hearing (before ALJ) presents findings
(recommendation)
violation,
to ALJ
not public interest)

ALJ issues
Recommended
Determination
(RD)

continued on
page 2
© 2018 Florian Mueller
www.fosspatents.com
Page 2: From Recommended Determination to Final Commission Determination

ALJ issues
Recommended
Determination
(RD)

19 C.F.R. § 210.50(a)(4)

Complainant & respondent General public & gov't agencies
requested to comment on invited to comment on
public interest factors public interest factors

Comm'n
determines affirmance
(without review)
whether to of finding of Game Over
review re. no violation
violation (apart from
possible appeal
to Fed. Cir.)

all other scenarios, particularly:
decision to review ALJ's determination

Complainant & respondent General public & gov't agencies
invited again to comment on invited again to comment on
public interest factors public interest factors

final finding
final of
Comm'n no violation
determi- or Game Over
finding of violation,
nation but no remedies (apart from
possible appeal
© 2018 Florian Mueller final finding of violation: to Fed. Cir.)
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Page 3: Presidential Review (60-day period)

final
Comm'n
determi-
nation

final finding of violation;
exclusion order

Letter from ITC Presidents typically
delegate review of ITC
to U.S. Trade Representative exclusion orders to USTR

Complainant & respondent
file statements with USTR

USTR Game Over
decides on no veto
apart from
Presidential potential appeal
veto to Fed. Cir.

veto

Game Over
Presidential veto
is not appealable

© 2018 Florian Mueller
www.fosspatents.com