ITCXALJS0001 - Case Type 3

[3] Sanctions in 337 cases: The ALJ, the Commission, or parties may raise sanctions issues in § 1337 cases. The formal adjudication procedures under 19 CFR Part 210 still apply. Because of the different type of relief, this is treated as a separate case type. See 19 C.F.R. § 210.25. The Commission may assign a motion for sanctions to an ALJ for issuance of a "recommended determination." The ALJ must make a recommended determination if the motion is made during an investigation, and the ALJ first makes the "initial determination" regarding section 337 violations or termination of the investigation (before deciding the sanctions motion). Any party may file written comments with the Commission 14 days after service of the recommended determination. Replies may be filed as well. The Commission will determine whether to adopt the ALJ's recommended determination after reviewing the parties' arguments and taking other steps the Commission deems appropriate. See 19 C.F.R. § 210.25(f).