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Initial Determination (ID)
Practical Law Glossary Item w-022-4775 (Approx. 4 pages)
Glossary
Initial Determination (ID)
A ruling issued by an Administrative Law Judge (ALJ) in an investigation before the US International Trade Commission (ITC or Commission) under Section 337 of the Tariff Act (19 U.S.C. § 1337) that is appealable to the Commission.
Unless otherwise ordered, ITC ALJs must issue the following rulings as IDs:
- Violation determinations (19 C.F.R. § 210.42(a)(1)(i)).
- Decisions concluding proceedings for:
- early case disposition (19 C.F.R. § 210.42(a)(3));
- temporary relief (19 C.F.R. § 210.66); and
- enforcement (19 C.F.R. § 210.75(a)(3)).
- Grants of motions:
- to declassify information;
- to amend the complaint or Notice of Investigation;
- for default;
- for summary determination;
- for intervention;
- for termination;
- to suspend an investigation;
- to set a target date for an original investigation exceeding 16 months or an enforcement proceeding exceeding 12 months; and
- for forfeiture or return of a respondent's import bond or of a complainant's temporary relief bond.
All motion denials other than bond-related motions are issued as orders that, with limited exceptions, may not be appealed to the Commission without the presiding ALJ's permission (19 C.F.R. § 210.24)).
The ITC determines whether to review an ID based on party review petitions or on its own initiative. If it accepts review, the Commission may affirm, reverse, modify, set aside, or remand the ID to the ALJ for further proceedings (19 C.F.R. § 210.45(c)). It may also take no position on specific issues or portions of the ID (see Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984)).
If the Commission declines to review an ID within the applicable time frame, the ID becomes the determination of the Commission (19 C.F.R. § 210.42(h)). Appendix A to the ITC Rules of Practice and Procedure includes the deadlines for Commission review of different types of IDs (19 C.F.R. § 210 et seq.).