ITC Updates Its Rules Of Practice And Procedure

Late last week, the International Trade Commission ("ITC") finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018 and will go into effect 30 days later. They will only apply to 337 investigations instituted after the 30-day period and will not be retroactively applied to ongoing investigations.

Some changes are procedural and intended to modernize and streamline practice at the ITC, while others are substantive, and are designed to provide the Commission and ALJs with additional tools to conduct investigations quickly and efficiently. The changes generally fall into three categories – providing increased flexibility to institute investigations; formalizing opportunities for early resolution; and streamlined discovery practice.