On April 19, 2013, the U.S. International Trade Commission published final amendments to certain of its Rules of Practice and Procedure that govern Section 337 investigations, 78 Fed. Reg. 23474 (April 19, 2013).  These amendments were first proposed in January, and according to the Federal Register notice, little has changed since then. The Federal Register notice states that it is effective May 20, 2013; however, it is not clear whether or how the amendments limiting discovery apply to pending investigations. 

It appears the changes with the biggest impact on practitioners are:

  • Numeric limitations on interrogatories and depositions.

  • Additional requirements for what must be in a complaint.

  • Service by express carrier (e.g., FedEx) on a foreign location, resulting in five extra days for responding, not 10, which is the case when service is by regular mail.  Since the Commission serves complaints by express delivery, this effectively shortens the time for responses to the complaint and notice of investigation.

  • Modification to rules governing termination by consent order, including limitations on what activities can be prohibited.

Here are the amendments, in numerical order by rule as they appear in Title 19 of the Code of Federal Regulations.