On June 28, 2017, the International Trade Commission (ITC) published in the Federal Register a notice reporting on the status of its practice with respect to violations of its administrative protective orders (“APOs”) under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990, discussions of APO breaches in ITC proceedings other than under title VII and violations of the ITC’s rules including the rule on bracketing business proprietary information (“BPI”) (the “24-hour rule”).
The notice provides a summary of breach investigations (APOB investigations) completed during calendar year 2015. This summary addresses one APOB investigation related to a proceeding under title VII of the Tariff Act of 1930 and four APOB investigations related to proceedings under section 337 of the Tariff Act of 1930, two of which were related to the same proceedings and were combined. The ITC investigated rules violations as part of one of the APOB investigations. The ITC intends that this report inform representatives of parties to ITC proceedings as to some specific types of APO breaches encountered by the ITC and the corresponding types of actions the ITC has taken.