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Section 337 Investigations - COVID-19-Related Questions

During this time, is the Office of Unfair Import Investigations (OUII) still available to review draft section 337 complaints?

Yes. For more information please contact Margaret Macdonald (Margaret.macdonald@usitc.gov), Anne Goalwin(anne.goalwin@usitc.gov), Jeff Hsu (jeffrey.hsu@usitc.gov), or David Lloyd (david.lloyd@usitc.gov).

How do I file a Section 337 Complaint while the Commission is not accepting paper filings?

You may file your Complaint electronically on EDIS. Please be certain to file public and confidential portions of the submission separately and select the correct security level for each. Please note that the Commission is not requiring original signatures on your documents at this time.

Is the Complaint considered accepted as soon as I file it on EDIS?

No. The Complaint is not officially accepted until our staff can review and approve the filing. For this reason, we encourage filers to submit as early as possible in order to give our staff time to review the filing that business day. If a Complaint is submitted at the end of the business day, we cannot guarantee the filer will receive notification of any procedural deficiencies that would require correction before the Complaint could be considered properly filed; this could affect the official acceptance date.

How will Complainants receive the materials from the Commission in order to serve the Notice of Institution?

Once the Commission is ready to issue a Notice of Investigation (NOI), the Office of the Secretary will email the Complainant or Complainant’s counsel, if applicable, to provide the materials and instructions for service. The Certificate of Service for the NOI will indicate the parties that the Complainant is responsible for serving. The Complainant will be responsible for filing proof of service, such as tracking and shipment confirmation, on EDIS.

May Complainants use electronic service when providing Respondents with the Notice of Investigation, the Complaint, and related materials?

Yes, electronic service is permitted if Complainants and Respondents have agreed to electronic service in writing. Respondents should file their Notice of Appearance as soon as possible on EDIS, including the email address for the person designated as lead counsel for service. Complainants will be required to provide documentation of the Respondents’ consent to electronic service as part of their proof of service. Please note that while Commission Rule 201.16(e) provides that additional time is added to the prescribed period for responding to the complaint for Respondents that receive the materials via express delivery, Respondents that receive the material electronically will not be afforded additional days for response under Commission Rules. Parties should consult the Administrative Law Judge’s Ground Rules for their investigation for further guidance on response times and/or requests for extensions of time.

How will the Administrative Law Judges and the Commission serve the parties?

Documents normally served by the Commission in paper copy will be made available for electronic download in the manners described below, provided that the Commission has a verified email address to use for service. In addition to collecting lead counsel’s email address, the Commission will allow parties not represented by counsel to provide an individual email address for service of public documents. If the Commission does not have a method of serving unrepresented parties electronically, the Commission and ALJs will direct Complainants to effect service for Commission documents (including filings and discovery related materials for OUII) in hard copy, when necessary.

  • Confidential documents issued by the Administrative Law Judge and the Commission will be available for download from a secure file sharing platform. Access to the system will only be provided to the individual designated as lead counsel in the firm’s Notice of Appearance. Once we process the Notice of Appearance (including your individual business email address) and Protective Order Subscription, lead counsel will receive an email requesting verification of the correct individual email address. The email will also provide additional information about the secured download process. We will not accept a group email address for purposes of providing access to the system; the email address must be the individual email address for the lead counsel. Please be on the lookout for that information and respond as quickly as possible so that we may verify we have the correct email address and can invite you to the secured folder for the investigation. Once lead counsel has access to the folder, the Case Manager will send an email each time documents are added to the folder for download.

  • Public documents issued by the Administrative Law Judge and the Commission will be available for download from EDIS. The Case Manager will use the same email addresses collected for confidential service list to give notice each time documents are added to EDIS. Unrepresented parties that have provided an individual email address will also be served in this manner.

Can multiple people from my firm get access to the shared folder for CBI documents?

No. Access is only provided to the lead counsel for each party.

Are confidential documents available for download as soon as they are filed on EDIS?

No. Documents need to go through the normal validation procedures before they can be added to the shared folder for service. Case Managers will email parties to notify them when the documents are available for download.