Proposed Rule2026-08445
Section 337 Adjudication and Enforcement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2026
Issuing agencies
International Trade Commission
Abstract
The United States International Trade Commission ("Commission") proposes to amend its Rules of Practice and Procedure concerning section 337 adjudication and enforcement. The intended effect of the proposed amendments is to require disclosure of information by the parties and intervenors in section 337 investigations and ancillary proceedings before the Commission regarding entities that have an ownership or a financial interest in the investigation.
Full Text
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Proposed Rules]
[Pages 23190-23194]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08445]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 210
Section 337 Adjudication and Enforcement
AGENCY: International Trade Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States International Trade Commission
(``Commission'') proposes to amend its Rules of Practice and Procedure
concerning section 337 adjudication and enforcement. The intended
effect of the proposed amendments is to require disclosure of
information by the parties and intervenors in section 337
investigations and ancillary proceedings before the Commission
regarding entities that have an ownership or a financial interest in
the investigation.
DATES: To be assured of consideration, written comments must be
received by 5:15 p.m. on June 29, 2026.
ADDRESSES: Lisa R. Barton, Secretary to the Commission, U.S.
International
[[Page 23191]]
Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-
205-2595. General information concerning the Commission may be obtained
by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-
impaired persons are advised that information can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810.
Notwithstanding Commission Rule 201.8(d), 19 CFR 201.8(d), you may
submit comments, identified by docket number MISC-051, by any of the
following methods:
--Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments.
--Agency Website: <a href="https://www.usitc.gov">https://www.usitc.gov</a>. You may submit comments on the
Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For
help accessing EDIS, please email <a href="/cdn-cgi/l/email-protection#b4f1f0fde787fcd1d8c4f4c1c7ddc0d79ad3dbc2"><span class="__cf_email__" data-cfemail="9bdedfd2c8a8d3fef7ebdbeee8f2eff8b5fcf4ed">[email protected]</span></a>.
--Email: contact <a href="/cdn-cgi/l/email-protection#d88bbdbbaabdacb9aaa198adabb1acbbf6bfb7ae"><span class="__cf_email__" data-cfemail="7427111706110015060d3401071d00175a131b02">[email protected]</span></a> to request submission of comments
by email. Include docket number MISC-051 in the subject line of the
message.
--Mail: For paper submission. U.S. International Trade Commission, 500
E Street SW, Room 112, Washington, DC 20436.
--Hand Delivery/Courier: U.S. International Trade Commission, 500 E
Street SW, Room 112, Washington, DC 20436, from the hours of 8:45 a.m.
to 5:15 p.m.
Instructions: All submissions received must include the agency name
and docket number (MISC-051), along with a cover letter stating the
nature of the commenter's interest in the proposed rulemaking. All
comments received will be posted without change to <a href="https://www.usitc.gov">https://www.usitc.gov</a>, including any personal information provided. For paper
copies, a signed original and one (1) copy of each set of comments
should be submitted to Lisa R. Barton, Secretary, U.S. International
Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.usitc.gov">https://www.usitc.gov</a> and/or the U.S.
International Trade Commission, 500 E Street SW, Room 112, Washington,
DC 20436.
FOR FURTHER INFORMATION CONTACT: Lisa Barton, telephone 202-205-2000,
Office of the General Counsel, United States International Trade
Commission. Hearing-impaired individuals are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal at 202-205-1810. General information concerning the Commission
may also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
SUPPLEMENTARY INFORMATION: The preamble below is designed to assist
readers in understanding the proposed amendments to the Commission
Rules. This preamble provides background information, a regulatory
analysis of the proposed amendments, an explanation of the proposed
amendments to part 210, and a description of the proposed amendments to
the rules. The Commission invites the public to comment on the proposed
amendments to the Commission's rules.
If the Commission decides to proceed with this rulemaking after
reviewing the comments filed in response to this proposed rule, the
proposed rule revisions will be promulgated in accordance with the
applicable requirements of the Administrative Procedure Act (``APA'')
(5 U.S.C. 553) and will be codified in 19 CFR part 210.
Background
Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes
the Commission to adopt such reasonable procedures, rules, and
regulations as it deems necessary to carry out its functions and
duties. This rulemaking seeks to improve provisions of the Commission's
existing Rules of Practice and Procedure by formalizing the disclosure
of information by parties and intervenors in investigations conducted
under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) (``section
337'') regarding entities that have an ownership and/or financial
interest in the investigations. Accordingly, the Commission proposes
amendments to its rules governing section 337 proceedings.
This rulemaking was undertaken to address concerns that have arisen
in Commission practice. Many Federal courts have real-party-in-interest
and litigation-funding disclosure requirements to promote transparency
and for conflicts. The Commission does not currently have such rules.
Accordingly, the Commission endeavors to implement such rules. The
intended effect of the proposed amendments is to require disclosure of
entities that have a financial interest in or exert control with
respect to the parties that appear before the Commission in section 337
investigations and ancillary proceedings. The purpose of this
disclosure requirement is to (a) facilitate evaluation of potential
conflicts for the Commissioners, the Commission's Administrative Law
Judges, and Commission employees, for example, by clarifying whether a
party is owned or controlled by another entity or whether an entity
other than the party has control over the party's participation in the
investigation; (b) provide early clarity about entities whose rights
are at issue in the investigation; and (c) promote transparency to
facilitate settlement and to bring relevant issues to the Commission's
attention. The Commission notes that nothing in this proposed amendment
is meant to prohibit the Commission and its Administrative Law Judges
from requesting additional information from the parties or from
enforcing this rule and their ground rules against the parties.
The Commission invites the public to comment on the proposed rule
amendments. In any comments, please consider addressing whether the
language of the proposed amendments is sufficiently clear for users to
understand for compliance and enforcement purposes, in addition to any
other comments you wish to make on the proposed amendments. Please also
consider addressing how the proposed amendments could be improved and
offering specific constructive alternatives and explanations, where
appropriate. Further, the Commission encourages members of the public
to comment on (1) the benefits to parties, the public, and the
Commission in having a disclosure rule like the one proposed; (2) any
undue burden the proposed amendments would have on parties; and (3)
ways to mitigate those burdens while achieving the objectives of the
proposed amendments. In addition, the Commission welcomes comments on
the effect this rule is likely to have in section 337 investigations,
including whether the proposed amendments are likely to affect certain
entities or circumstances more so than others. Moreover, because some
provisions in the proposed amendments are similar to disclosure
requirements in Federal district and appellate court rules and other
Federal/State judicial or administrative forums, the Commission is
interested in comments concerning the relevance of any variances
between the proposed amendments and similar provisions in those rules.
The Commission draws attention to the following aspects of proposed
Sec. 210.14a that commenters may wish to address among other issues:
(1) whether proposed Sec. 210.14a(a)(1) should require disclosure of
entities owning a party's stock only after a particular percentage of
ownership is reached; (2) whether proposed Sec. 210.14a(a)(2) should
apply to respondents and intervenors or just to
[[Page 23192]]
complainants and whether there is enough clarity about entities that
have a legal right to bring a section 337 investigation particularly
for claims under section 337(a)(1)(A) to be able to comply; (3) whether
definitions of certain terms would be useful and any proposals for such
definitions; (4) whether the disclosures required should differ for
investigations under section 337(a)(1)(A) as opposed to 337(a)(1)(B)-
(E); (5) whether disclosure of funding or necessary approval in related
litigation is relevant and should be included in the disclosures
required under proposed paragraphs (a)(3)(i) and (ii) of this section;
and (6) whether there are other possible financial interests in section
337 investigations that are not required to be disclosed under proposed
Sec. 210.14(a)(1) through (3) that should also be subject to
disclosure, and if so, details regarding the nature of such interests
and how to define both the nature and holders of such interests. The
Commission notes that it applied for and received a deviation from the
Office of the Federal Register to use a number with an alpha character
for Sec. 210.14a.
The current notice of proposed rulemaking is consistent with the
Commission's plan to ensure that the Commission's rules are effective,
as detailed in the Commission's Plan for Retrospective Analysis of
Existing Rules, published February 14, 2012 (77 FR 8114). This plan was
issued in response to Executive Order 13579 of July 11, 2011, and
established a process under which the Commission will periodically
review its significant regulations to determine whether any such
regulations should be modified, streamlined, expanded, or repealed so
as to make the agency's regulatory program more effective or less
burdensome in achieving regulatory objectives. This process includes a
general review of existing regulations in 19 CFR part 210.
Although the Commission considers these rules to be procedural
rules which are excepted from notice-and-comment under 5 U.S.C.
553(b)(3)(A), the Commission invites the public to comment on these
proposed rules consistent with its ordinary practice. This practice
entails the following steps: (1) publication of a notice of proposed
rulemaking; (2) solicitation of public comments on the proposed
amendments; (3) Commission review of public comments on the proposed
amendments; and (4) publication of final amendments at least thirty
(30) days prior to their effective date.
Regulatory Analysis of Proposed Amendments to the Commission's Rules
Pursuant to Executive Order 12866 (58 FR 51735, Oct. 4, 1993), as
amended by Executive Order 14215 (90 FR 10447, Feb. 18, 2025), a
determination must be made whether a regulatory action is significant
and therefore subject to review by the Office of Management and Budget
(OMB) in accordance with the requirements of the Executive Order. OMB
and the Commission have determined that the proposed rules do not meet
the criteria described in section 3(f) of Executive Order 12866 (58 FR
51735, Oct. 4, 1993), as amended, and thus do not constitute a
significant regulatory action for purposes of the Executive Order.
Executive Order 14192 (90 FR 9065, Jan. 31, 2025) requires agencies
to identify ten (10) existing regulations for repeal for each new
regulation that they promulgate. Implementation guidance for Executive
Order 14192 issued by OMB (Memorandum M-25-20, Mar. 26, 2025) clarifies
that ``E.O. 14192 regulatory actions'' are limited to ``significant
regulatory actions'' (as defined in Executive Order 12866) and
significant guidance documents that impose total costs greater than
zero. As noted above, OMB and the Commission have determined that the
proposed rules do not constitute a significant regulatory action.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is
inapplicable to this rulemaking because it is not one for which a
notice of final rulemaking is required under 5 U.S.C. 553(b) or any
other statute. Although the Commission has chosen to publish a notice
of proposed rulemaking, these proposed regulations are ``agency rules
of procedure and practice,'' and thus are exempt from the notice
requirement imposed by 5 U.S.C. 553(b).
These proposed rules do not contain federalism implications
warranting the preparation of a federalism summary impact statement
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
No actions are necessary under the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1501 et seq.) because the proposed rules will not result
in expenditure in the aggregate by State, local, and tribal
governments, or by the private sector, of $100,000,000 or more in any
one year, and will not significantly or uniquely affect small
governments, as defined in 5 U.S.C. 601(5).
The proposed rules are not major rules as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.). Moreover, they are exempt from the reporting
requirements of the Contract With America Advancement Act of 1996 (Pub.
L. 104-121) because they concern rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties.
These proposed rules do not contain any new or amended collections
of information subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Part 210--Adjudication and Enforcement
Subpart B--Commencement of Preinstitution Proceedings and
Investigations
Section 210.8
The Commission proposes to amend Sec. 210.8 to indicate that the
complainant must file, concurrently with the complaint, a separate
disclosure statement pursuant to Sec. 210.14a. The proposed rule also
allows related complainants to file a single disclosure statement.
Subpart C--Pleadings
Section 210.13
The Commission also proposes to amend Sec. 210.13 to indicate that
each respondent must file, concurrently with its response, a separate
disclosure statement pursuant to Sec. 210.14a. The proposed rule also
allows related respondents to file a single disclosure statement.
Section 210.14a
Section 210.14a is a new rule that provides for certain disclosures
by the parties in section 337 proceedings. The proposed rule adds
several requirements, which apply to each nongovernment party to a
section 337 investigation and each nongovernment party who seeks to
intervene in a section 337 investigation. The proposed rule requires
that these parties file a disclosure statement with the Secretary. In
the disclosure statement, each party must identify any parent
corporation and any other entity, not including natural person(s),
owning that party's stock. The disclosure is focused on corporate or
similar entities that through ownership of the party's stock may have a
financial interest in the outcome of the investigation; the disclosure
does not focus on individual persons that may hold stock in the party
so as to not require disclosure of every individual shareholder. Each
party must also identify any person or entity that has
[[Page 23193]]
the legal right to bring a section 337 investigation based on the
unfair act or acts asserted in the complaint besides complainant. The
Commission notes that the person or entity that has the legal right to
bring a section 337 complaint will depend on the unfair act(s) asserted
in the complaint. By way of example, the person or entity that has the
legal right to bring a section 337 in patent, trademark, and copyright
investigations is the owner or exclusive licensee, whereas for trade
secret investigations, the person or entity that has the legal right to
bring a section 337 is the trade secret owner. In addition, each party
must identify any person or entity, not including counsel representing
the party in the investigation: (a) that provides funding specifically
for the section 337 investigation, not including personal loan(s), bank
loans, or insurance; or (b) whose approval is necessary for litigation
decisions or settlement decisions in the section 337 investigation, and
state the nature of the terms and conditions relating to that approval.
The proposed section does not cover funding provided as part of a
contingency fee agreement between the party and its counsel and
therefore has excluded counsel representing the party from among the
entities that must be disclosed pursuant to proposed Sec. 210.14a.
Whether the party is represented by counsel and if so, whom will
otherwise be disclosed in the investigation. The proposed section does
not cover banks or insurers that may provide loans or insurance to the
party but does cover loans provided specifically for the investigation
by entities other than banks.
The proposed rule further states that the disclosure statement
shall include the identity, business address, and, if a legal entity,
place of formation for each corporation, entity, or person identified.
Finally, the proposed rule allows a party to state that there is no,
and/or that they are not aware of any, such parent corporation or
entity under paragraph (a)(1) and/or such person or entity under
paragraphs (a)(2) and (3) of this section.
Subpart D--Motions
Section 210.19
The Commission also proposes to amend Sec. 210.19 to indicate that
the intervenor must file, concurrently with its motion to intervene, a
separate disclosure statement pursuant to Sec. 210.14a. The proposed
rule also allows related intervenors, who move to intervene together,
to file a single disclosure statement.
Subpart I--Enforcement Procedures and Advisory Opinions
Section 210.75
The Commission also proposes to amend Sec. 210.75 to indicate that
a separate disclosure statement pursuant to Sec. 210.14a must be filed
by the enforcement complainant, concurrently with the enforcement
complainant, and by the other parties named in the notice of
institution, concurrently with their responses. The proposed rule also
allows related parties to file a single disclosure statement.
Section 210.76
The Commission also proposes to amend Sec. 210.76 to indicate that
a separate disclosure statement pursuant to Sec. 210.14a must be filed
by the petitioner, concurrently with their petition to modify and/or
rescind a remedial order, and by any responding party, concurrently
with its response. The proposed rule also allows related parties to
file a single disclosure statement.
Section 210.79
The Commission also proposes to amend Sec. 210.79 to indicate that
a separate disclosure statement pursuant to Sec. 210.14a must be filed
by the requester, concurrently with their request for an advisory
proceeding, and by any responding party, concurrently with its
response. The proposed rule also allows related parties to file a
single disclosure statement.
Finally, the Commission proposes to change the term ``10'' to ``ten
(10).''
List of Subjects in 19 CFR Part 210
Administrative practice and procedure, Imports, Investigations
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the United States
International Trade Commission proposes to amend 19 CFR part 210 as
follows:
PART 210--ADJUDICATION AND ENFORCEMENT
0
1. The authority citation for part 210 continues to read as follows:
Authority: 19 U.S.C. 1333, 1335, and 1337.
Subpart B--Commencement of Preinstitution Proceedings and
Investigations
0
2. Amend Sec. 210.8 by:
0
a. Redesignating paragraphs (c) and (d) as paragraphs (d) and (e); and
0
b. Adding new paragraph (c).
The addition reads as follows:
Sec. 210.8 Commencement of preinstitution proceedings.
* * * * *
(c) Provide disclosure statement. Complainant must file,
concurrently with the complaint, a separate disclosure statement
pursuant to Sec. 210.14a. Related complainants may file a single
disclosure statement.
* * * * *
Subpart C--Pleadings
0
3. Amend Sec. 210.13 by adding paragraph (d) to read as follows:
Sec. 210.13 The response.
* * * * *
(d) Provide disclosure statement. Respondent must file,
concurrently with its response, a separate disclosure statement
pursuant to Sec. 210.14a. Related respondents may file a single
disclosure statement.
* * * * *
0
4. Add Sec. 210.14a to read as follows:
Sec. 210.14a Disclosure rule.
(a) Each nongovernment party to, or a nongovernment party who seeks
to intervene, in a section 337 investigation shall file with the
Secretary a disclosure statement that identifies:
(1) Any parent corporation and any entity, not including natural
person(s), owning its stock;
(2) Any person or entity that has the legal right based on the
unfair act(s) asserted in the complaint to bring a section 337
investigation besides complainant; and
(3) Any person or entity, not including counsel representing the
party in the investigation:
(i) That provides funding specifically for the section 337
investigation, not including personal loan(s), bank loans, or
insurance, or
(ii) Whose approval is necessary for litigation decisions or
settlement decisions in the section 337 investigation, including the
nature of the terms and conditions relating to that approval.
(b) For each corporation, entity, or person identified, include the
identity, business address, and if a legal entity, place of formation.
(c) With respect to paragraphs (a)(1) through (3) of this section,
if no such corporations, entities, or person(s) exist or are known by
said party, said party may state that there is no, or they are not
aware of any, such parent corporation or entity under paragraph (a)(1)
of this section and/or such person or entity under paragraphs (a)(2)
and (3) of this section.
[[Page 23194]]
Subpart D--Motions
0
5. Revise Sec. 210.19 to read as follows:
Sec. 210.19 Intervention.
Any person desiring to intervene in an investigation or a related
proceeding under this part shall make a written motion after
institution of the investigation or related proceeding. The motion
shall have attached to it a certificate showing that the motion has
been served upon each party to the investigation or related proceeding
in the manner described in Sec. 201.16(b) of this chapter. Each person
must file, concurrently with their motion to intervene, a separate
disclosure statement pursuant to Sec. 210.14a. Related persons, who
move to intervene jointly, may file a single disclosure statement. Any
party may file a response to the motion in accordance with Sec.
210.15(c) of this part, provided that the response is accompanied by a
certificate confirming that the response was served on the proposed
intervenor and all other parties. The Commission, or the administrative
law judge by initial determination, may grant the motion to the extent
and upon such terms as may be proper under the circumstances.
Subpart I--Enforcement Procedures and Advisory Opinions
0
6. Amend Sec. 210.75 by revising paragraph (a)(1) to read as follows:
Sec. 210.75 Proceedings to enforce exclusion orders, cease and desist
orders, consent orders, and other Commission orders.
(a) * * *
(1) The Commission may institute an enforcement proceeding upon the
filing of an enforcement complaint pursuant to Sec. Sec. 210.4 and
210.8(a) by the complainant in the original investigation or the
complainant's successor in interest, by the Office of Unfair Import
Investigations, or by the Commission. Notwithstanding Sec.
210.8(a)(1)(ii), no paper copies of enforcement complaints or exhibits
thereto are required for the government of the foreign country in which
each alleged violator is located. If a proceeding is instituted, the
Commission shall publish in the Federal Register a notice of
institution and shall serve copies of the nonconfidential version the
enforcement complaint, the nonconfidential exhibits, and the notice of
investigation upon each alleged violator. Within fifteen (15) days
after the date of service of such a complaint, the named respondent
shall file a response to it. Each enforcement complainant must file,
concurrently with its enforcement complaint, and each named respondent
must file, concurrently with its response, a separate disclosure
statement pursuant to Sec. 210.14a. Related parties may file a single
disclosure statement.
* * * * *
0
7. Amend Sec. 210.76 by revising paragraph (a)(1) to read as follows:
Sec. 210.76 Modification or rescission of exclusion orders, cease and
desist orders, consent orders, and seizure and forfeiture orders.
(a) * * *
(1) Whenever any person believes that changed conditions of fact or
law, or the public interest, require that an exclusion order, cease and
desist order, consent order, or seizure and forfeiture order be
modified or rescinded, in whole or in part, such person may file a
petition, pursuant to section 337(k)(1) of the Tariff Act of 1930,
requesting that the Commission make a determination that the conditions
which led to the issuance of an exclusion order, cease and desist
order, consent order, or seizure and forfeiture order no longer exist.
The Commission may also on its own initiative consider such action. The
petition shall state the changes desired and the changed circumstances
or public interest warranting such action, shall include materials and
argument in support thereof, and shall be served on all parties to the
investigation in which the exclusion order, cease and desist order,
consent order, or seizure and forfeiture order was issued. Any person
may file a response to the petition within ten (10) days of service of
the petition. Each petitioner must file, concurrently with its
petition, and each person who responds or is named in the notice of
institution must file, concurrently with its response, a separate
disclosure statement pursuant to Sec. 210.14a. Related parties may
file a single disclosure statement. If the Commission makes such a
determination, it shall notify the Secretary of the Treasury and U.S.
Customs and Border Protection.
* * * * *
0
8. Amend Sec. 210.79 by revising paragraph (a) introductory text to
read as follows:
Sec. 210.79 Advisory opinions.
(a) Advisory opinions. Upon request of any person, the Commission
may, upon such investigation as it deems necessary, issue an advisory
opinion as to whether any person's proposed course of action or conduct
would violate a Commission exclusion order, cease and desist order, or
consent order. Any responses to a request for an advisory opinion shall
be filed within ten (10) days of service of the request. Each requester
must file, concurrently with its request, and each person who responds
or is named in the notice of institution must file, concurrently with
its response, a separate disclosure statement pursuant to Sec.
210.14a. Related parties may file a single disclosure statement. The
Commission will consider whether the issuance of such an advisory
opinion would facilitate the enforcement of section 337 of the Tariff
Act of 1930, would be in the public interest, and would benefit
consumers and competitive conditions in the United States, and whether
the person has a compelling business need for the advice and has framed
his request as fully and accurately as possible. Advisory opinion
proceedings are not subject to sections 554, 555, 556, 557, and 702 of
title 5 of the United States Code.
* * * * *
By order of the Commission.
Issued: April 28, 2026
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-08445 Filed 4-29-26; 8:45 am]
BILLING CODE 7020-02-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.