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Message: Re: SECTION 337 INVESTIGATION .. Investigations are almost always issued
Q: How is a Section 337 investigation initiated?
A: A complaint requesting a Section 337 investigation is filed with the U.S. International Trade Commission (I.T.C.). The I.T.C. is an independent federal agency consisting of six Commissioners appointed by the President and confirmed by the Senate. Once a complaint is filed, the I.T.C. has 30 days to determine whether an investigation should be instituted on the basis of the complaint. Only in extremely rare circumstances has the I.T.C. decided not to institute an investigation. (underline by me)
Q: How long does it take to complete a Section 337 investigation?
A: Although the URAA eliminated the strict time limits for Section 337 investigation, the I.T.C. is required by statute to complete Section 337 investigations at the earliest practicable time. To this end, at the outset of each Section 337 investigation, the Administrative Law Judge sets a target date for completion of the investigation. The target date usually calls for completion of the investigation in one year, however, more complex investigations may take about eighteen months to complete. (underline by me)

Q: Is temporary relief available?

A: Yes. Following district court preliminary injunction practice, the I.T.C. may issue temporary relief in the form of temporary exclusion orders and/or temporary cease and desist orders. Temporary relief proceedings must be concluded in 90-150 days and the remedy remains in force during the pendency of the investigation. (underline by me)

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