Which party (or parties) is/are permitted to file appeals with this office?:
Either
Are private parties permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
About what percentage of private parties were represented at hearings (FY2013)?:
100.00%
Is the agency permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
19 C.F.R. §§ 210.43 - 210.51
What types of hearings are permitted on appeals adjudicated by this office?:
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)Written (Document-Only) Hearing:100%
How is the type of hearing selected for appeals heard by this office?:
By Agency
How many appeal officers preside at each hearing?:
Four or More
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:
No
Can third-parties submit amicus briefs and/or evidence?:
No
Are appeal hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are appeal hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts final decisions on appellate cases adjudicated by this office?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s):
If no appeal is taken, ALJ decisions become final agency decisions in 60 days for general section 337 unfair imports cases, see 19 C.F.R. § 210.42(h)(2), or in 45 days for enforcement determinations, § 210.75(b)(3), and NAFTA protective order violation determinations, § 207.114(d).
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?:
120 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (All Types of Cases)
How are claims/cases processed at this appellate office?:
Differentiated Case Management
Please briefly describe your case management practice(s) at this office:
At the beginning of an investigation, a target date is set for completion of the investigations. Appeals are adjudicated based on this target date.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?:
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
Section 210.38 of the Commission Rules of Practice
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:
No
Comments/Notes on Appellate Process & Procedures (Optional):
COMMENT-Is judicial review available after issuance of a final decision at this appellate stage?: When challenged, ITC (Commission) determinations, assuming the President approves them or does nothing, are reviewed by the Court of Appeals for the Federal Circuit.
COMMENT-About how long does it take on averageas of FY2012to adjudicate claims/cases at this appellate stage?: The average time for adjudication of appeals to the Commission is 4 months. Total time for the investigation is an average of 17 months.
COMMENT- In person hearings are provided for in Commission's rule, 210.43(d)(3), but they rarely occur.
Total # of Appeal Officers:
6
Is ADR available at one or more points for appellate cases heard by this office?:
No
Total # Cases Filed/Opened (FY2013):
22
Total # Cases Decided/Closed (FY2013):
16
Total # Cases Pending (End of FY2013):
9
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Web address:
http://pubapps2.usitc.gov/337external/
Verified by Agency:
Verified