As indicated above, Section 337 investigations are administrative, not judicial, proceedings. The advantage of these administrative proceedings is that they are narrowly focused and highly condensed. In general, Section 337 investigations are completed within 12-18 months from the date of initiation.

The proceedings are normally initiated by the filing of a complaint by a qualified domestic entity with the Commission's Office of Unfair Import Investigations. Although the Commission has the authority to self-initiate a Section 337 investigation, it has never done so.

The complaint must meet certain minimum requirements, which are detailed and extensive. Because the proceedings move at such a rapid pace, the requirements are designed so that the complaint itself establishes a prima facie case that would warrant relief under the statute. When the complaint is filed, the Commission has 30 days to review the complaint to determine whether it satisfies the regulatory requirements or whether it should be discarded as frivolous, premature, or incomplete. During this period, the staff may request additional information to cure technical deficiencies, and the complaint may be amended without constraint.

Once the staff is convinced that the complaint is in order and has been properly filed, the case will be initiated. Once it is initiated, the Commission has 45 days to establish a target date for completion. Discovery may commence immediately after initiation. The investigations conducted by the Commission require formal evidentiary hearings in accordance with the Administrative Procedure Act. The rules of evidence and procedures that are employed are very similar to the Federal Rules of Civil Procedure, though not as strict.

The proceedings in a Section 337 investigation roll out under a very compressed time frame. The response to the complaint is due 20 days from the date of service. A preliminary conference to structure discovery and discuss issues is usually held 1-2 months from the date of initiation. The hearing is usually held 7-8 months from the date of initiation, unless it is a complicated case.

The initial proceedings and hearing are held before an ALJ. Following the initial proceedings, the ALJ issues an initial determination on all issues related to violations of Section 337 (generally 9-10 months from the date of initiation) and a recommended determination on issues related to the applicable remedy (usually within 14 days of the initial determination). The Commissioners may review and modify the initial determination (usually done within 3 months). If the Commission does not review the initial determination, it becomes the Commission's decision.

Another interesting aspect of Section 337 proceedings is that the Commission determinations are subject to Presidential review. As a result, if the Commission determines that there is a violation of Section 337 and issues an affirmative finding and a remedy, the agency's determination may not become final for 60 days. During that period, the President receives a copy of the Commission's determination and may review the decision. The President can disapprove the determination for policy reasons. If the President disapproves the determination, the Commission's decision will have no force or effect. The President may also approve the determination, in which case it will take effect on the date the Commission is notified of the President's approval.

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures