On June 24, 2013, the US International Trade Commission (ITC) issued a press release announcing a pilot program to test whether certain dispositive issues in Section 337 investigations could limit unnecessary litigation. The program aims to help the Commission improve Section 337 procedures and meet its obligations to timely complete investigations.

Under the program, the Commission will identify, at institution of investigations, those likely to present a potentially dispositive issue, for example issues concerning:

For designated investigations, the Commission will direct the assigned Administrative Law Judge (ALJ) to rule on that issue early in the investigation through expedited factfinding and an abbreviated hearing limited to that issue. The presiding ALJ will issue an early initial determination (ID) on the potentially dispositive issue within 100 days after institution, subject to limited extensions for good cause.

The program will also expedite Commission action on the ID. Petitions for review of IDs issued under the program are due five calendar days after the ID is served on the parties. Replies are due three business days after service of any petition for review. The Commission will determine whether to review the early ID within 30 days after the ALJ issues it. If it does not review, the ID will become the Commission's final determination. Commission review will normally be completed within 30 days.

The Commission notes that it may adjust the program over time and will evaluate the results to determine whether to issue specific rules and adopt this procedure permanently.