COVID-19 Impact on Section 337 Investigations at ITC – The National Law Review

Like many other Federal Agencies and U.S. District Courts, the U.S. International Trade Commission (“ITC”) is open for business during the COVID-19 crisis, but on a limited basis. Modifications to the ITC’s business began on March 17, 2020. On May 14, 2020, the ITC’s COVID-19 Action Plan was extended through July 10, 2020. Although limited discovery is proceeding in many investigations, Washington DC’s “Stay-at-Home” Order and world-wide travel restrictions are likely to delay resolution of pending investigations. This article addresses how the ITC is handling in-person hearings under Section 337 of the Tariff Act of 1930 (“Section 337”) during the COVID-19 crisis. Part II will address modifications to the ITC’s electronic filing system, service of documents and discovery.

In-Person Hearings and Meetings, Generally

Effective March 17, 2020, the ITC Building was closed and all ITC employees began teleworking. At the same time, the ITC postponed all in-person Section 337 hearings for 60 days. On May 14, 2020, the postponement of in-person hearings was extended until July 10, 2020. The ITC’s