Notice2025-21130
Notice Concerning the Appointment of the Commission's Administrative Law Judges for Section 337 Investigations
Primary source
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Published
November 26, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission's administrative law judges ("ALJs") have been appointed in conformance with the Appointments Clause of the U.S. Constitution and with the Tariff Act.
Full Text
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<title>Federal Register, Volume 90 Issue 226 (Wednesday, November 26, 2025)</title>
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[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Notices]
[Pages 54367-54368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21130]
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INTERNATIONAL TRADE COMMISSION
Notice Concerning the Appointment of the Commission's
Administrative Law Judges for Section 337 Investigations
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission's administrative law judges (``ALJs'') have been appointed
in conformance with the Appointments Clause of the U.S. Constitution
and with the Tariff Act.
FOR FURTHER INFORMATION CONTACT: Mercedeh Momeni, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3152. General information
concerning the Commission may also be obtained by accessing its
internet server at <a href="http://www.usitc.gov">http://www.usitc.gov</a>. Hearing-impaired persons are
advised that information on this matter can be obtained by contacting
the Commission TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), provides for certain determinations to be
``made on the record after notice and opportunity for a hearing in
conformity with the provisions of subchapter II of chapter 5 of title
5.'' 19 U.S.C. 1337(c). Pursuant to subchapter II of chapter 5 of title
5, the Commission employs ALJs to conduct formal adjudications and to
make initial and recommended determinations. 5 U.S.C. 556-557; 19 CFR
210.3 (``administrative law judge''). Pursuant to section 331 of the
Tariff Act, 19 U.S.C. 1331, the Chairman of the Commission has the
authority to ``appoint and fix the compensation of such employees of
the Commission as he deems necessary,'' including ALJs. 19 U.S.C.
1331(a)(1)(A)(1). Any such decision by the Chairman, however, is
``subject to disapproval by a majority vote of all the commissioners in
office.'' 19 U.S.C. 1331(a)(1)(C).
The Appointments Clause of the Constitution, art. II, Sec. 2, cl.
2, provides, in relevant part, that Congress may vest the appointment
of inferior officers ``in the Heads of Departments.'' In 2018, the
Supreme Court decided that the ALJs of the Securities and Exchange
Commission (``SEC'') are inferior officers whose appointments were to
be made by the SEC and not by the SEC's staff. Lucia v. SEC, 138 S. Ct.
2044, 2053-54 (2018); see Free Enterprise Fund v. Public Company
Accounting Oversight Bd., 561 U.S. 477, 512 (2010).
On September 10, 2018, the Commission published a Federal Register
notice that indicated that the Commission's then-existing ALJs,
including Judge MaryJoan McNamara, had been ratified by the Commission
in March of 2018. Notice, 83 FR 45678-79 (Sept. 10, 2018). The notice
indicated that, as part of Clark S. Cheney's original appointment, the
Commission, including the Chair, voted, by notational voting, in
February of 2018 to appoint Judge Cheney as an ALJ. Id. By the same
Commission vote that led to the issuance of the September 2018 notice,
the Commission also ratified the appointments of, inter alia, Judges
McNamara and Cheney. Id.
Since that time, the Commission has hired Cameron Elliot, Monica
Bhattacharyya, Bryan F. Moore, and Doris Johnson Hines as ALJs. As part
of their original appointments, the
[[Page 54368]]
Commission, including the Chair, voted, by notational voting, to
appoint each ALJ. In particular, the Commission voted to appoint Judge
Elliot on March 4, 2019; Judge Bhattacharyya on August 12, 2021; Judge
Moore on March 17, 2022; and Judge Johnson Hines on November 16, 2022.
In addition, the Commission, including the Chair, voted on January 4,
2022, to elevate Judge Cheney to Chief ALJ as part of his appointment
as Chief ALJ.
The hiring of the Commission's ALJs is, and has been, consistent
with the Appointments Clause and with the Commission's organic statute.
Accordingly, the Commission's ALJs have all been appointed and/or
ratified in conformance with the Constitution and all applicable
statutes and regulations. In addition, by this Notice, the Commission
reiterates its approval of the appointments of Judges McNamara, Cheney,
Elliot, Bhattacharyya, Moore, and Johnson Hines as its own under the
Constitution.
By order of the Commission.
Issued: November 21, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-21130 Filed 11-25-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on November 26, 2025.
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