Overview of ITC
The International Trade Commission (ITC) is an independent agency of the federal government empowered to administer U.S. trade laws. The ITC is located in Washington, D.C., and has nationwide jurisdiction.
The ITC has six presidentially appointed commissioners; six administrative law judges (ALJs); and a staff of more than 300 lawyers, analysts and economists. To maintain the ITC’s political independence, no more than three commissioners may be from the same political party, and the chairman, who serves a two-year term, must be from a different political party than the preceding chairman.
One of the primary duties of the ITC is to administer U.S. trade remedy laws against unfair trade practices, such as intellectual property infringement by imported goods. In addition, the ITC’s mission statement lists its duties to “provide the President, USTR, and Congress with independent analysis, information, and support on matters of tariffs, international trade, and U.S. competitiveness,” and to “maintain the Harmonized Tariff Schedule of the United States.” The ITC has five major responsibilities:
- Import Injury Investigations - investigating cases where below fair value goods are “dumped” into the U.S. market, or where imports are sold that benefited from foreign government subsidies
- Intellectual-Property-Based Import Investigations - investigating cases where imported goods infringe the intellectual property rights, such as patents or trademarks, held by domestic industries
- Industry and Economic Analysis - publishing reports on various aspects of international trade for use by government and industry
- Tariff and Trade Information Services - maintaining and updating the Harmonized Tariff Schedule of the United States
- Trade Policy Support - supporting the federal government in making decisions on international trade policy through research, informal briefings and meetings, and testimony at congressional hearings
To carry out its duty to investigate intellectual-property-based import investigations, the ITC adjudicates infringement claims where the allegedly infringing good is a product imported into the United States. The ITC’s authority for these cases derives from section 337 of the Tariff Act of 1930 (Section 337). While about 90 percent of Section 337 actions are patent infringement claims, Section 337 also covers infringement of trademarks, copyrights, semiconductor mask works and boat hull designs.
The ITC is a unique forum for litigating intellectual property disputes. Section 337 actions have become increasingly popular over the past several years because of their fast pace (cases usually take less than 15 months) and unique remedies (“exclusion orders,” which bar the infringing products from being imported into the country).
