Commission issued a Notice in Certain Products Having Laminated Packaging, Laminated Packaging, And Components Thereof, Inv. No. 337-TA-874.  The Notice states that the Commission determined to review the July 5, 2013 Initial Determination (“ID”) issued by ALJ Theodore R. Essex, which found that (1) the Commission lacked authority under ITC rules or the Administrative Procedures Act (“APA”) to direct issuance of an early ID and (2) alternatively, the complainant did not satisfy the economic prong of the domestic industry requirement.  The Notice states that “[o]n review, the Commission has determined to reverse the ALJ’s findings regarding the Commission’s authority to direct the issuance of an early ID.”  The Commission upheld the ALJ’s alternative finding that the economic prong of the domestic industry requirement was not satisfied and thus terminated the investigation with a finding of no violation of Section 337.  As the first instituted investigation under the ITC’s pilot program “to test whether early rulings on certain dispositive issues . . . could limit unnecessary litigation,” the 874 Investigation Notice Of Institution directed the ALJ to hold an early evidentiary hearing and issue an early decision on the economic prong issue.  In the ID, ALJ Essex found that these were “extraordinary instructions,” not within the ITC rules, and that the change violated the rule-making procedure required by the APA.  The August 6 Notice states that the “Commission’s reasoning in support of its determinations will be set forth more fully in a forthcoming opinion.”