Section 337 is administered by the United States International Trade Commission, an independent, quasi-judicial agency, whose six Commissioners serve nine-year terms. No more than three Commissioners may be members of the same political party. Unlike federal courts, the Commission can hear any and all Section 337 cases; that is, it has nationwide jurisdiction based on the allegedly infringing articles and the subject matter (the alleged infringement). There are no other venue or personal jurisdictional requirements (other than service of process). Appeals of the Commission's determinations under Section 337 are taken directly to the United States Court of Appeals for the Federal Circuit.

In Section 337 proceedings, an administrative law judge (ALJ) conducts the investigation, supervises discovery, holds trial-like hearings, and makes the initial determination. ALJs are career civil servants who function like federal district court judges in civil cases, but there is no jury. The ALJS at the Commission are hired exclusively to deal with Section 337 proceedings. Because almost all cases involve intellectual property, the ALJS develop specialized expertise in this area.

The ALJs are assisted in Section 337 proceedings by a staff attorney assigned from the Commission's General Counsel's Office. The role of the Commission's investigative attorney is unique. The staff attorney is a full party to the proceeding and his or her role is to protect the public interest. As a result, although essentially neutral, the staff attorney assists in the administrative adjudication process and can initiate discovery, examine witnesses, and elicit facts and evidence to clarify contested issues and help to assure the development of a full and complete record.

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