On September 3, 2013, the Commission issued a public version of its Opinion in Certain Products Having Laminated Packaging, Laminated Packaging, And Components Thereof, Inv. No. 337-TA-874.  The Commission affirmed the ALJ’s implementation of the first 100-Day ID Procedure and ID finding that the economic prong of the domestic industry requirement was not satisfied, thereby terminating the investigation with a finding of no violation of Section 337.  The Commission also addressed the ID’s finding that the Commission lacked authority under the Constitution, the Administrative Procedure Act ("APA") and Commission Rules to direct issuance of an early ID.  The Commission stated that “the ID provides no authority to support its conclusion that a complainant in a Section 337 investigation has a constitutionally-protected interest in obtaining a hearing to address all the issues in an investigation instead of a proceeding that prioritizes one issue that portends to be dispositive, with the remaining issues deferred depending on the resolution of the potentially dispositive issue.”  The Commission further held that it was not required to “go through notice-and-comment rulemaking pursuant to section 4 of the APA” before it could implement the 100-Day Procedure, because procedural rules have always been exempt from the APA requirement of informal rulemaking.  Finally, the Commission held that conducting an expedited proceeding to resolve a dispositive issue, in the interest of orderly administration of an investigation, is not in conflict with preexisting Commission Rules and is “no different from each ALJ’s institution of ‘ground rules’ supplemental to Commission rules at the outset of each investigation.”