Inflatable Products: Another Investigation Designated For An Early Ruling Under 100-Day Pilot Program

For the second time in less than two months, the U.S. International Trade Commission has directed an administrative law judge to reach a decision on a potentially case-dispositive issue during the first 100 days of a new Section 337 investigation.  On June 20, 2016, the Commission directed the presiding judge in Inflatable Products with Tensioning Structures, Inv. No. 337-TA-1009, to issue an initial determination (ID) within 100 days of the institution of the investigation as to whether the complainants have satisfied the economic prong of the domestic industry requirement.

As discussed in a previous post, the Commission announced a pilot program in 2013 under which parties can request that the Commission direct the judge to rule on specified case-dispositive issues within the first 100 days of a new investigation.  Under the pilot program, the Commission will then decide whether to review the ID within 30 days after issuance by the judge.  If the judge rules