Other Fields
Agency Scheme: 
ITCXADCD0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
United States International Trade Commission: Commission
Hearing Officer #1 (Title): 
Commission
Hearing Officer #2 (Title): 
Commission's delegate
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

NOTE: Although the parties may submit briefs to, and conference with, the ITC's Director of Operations, that is in the preliminary phase of an anti-dumping/countervailing duty investigation. 19 C.F.R. 207.15. Parties can provide written witness testimony, and the Director can request appearance of witnesses, etc., but this part of the process is not an adjudicatory hearing because the only end result is the Director's staff report, which the Commission has no obligation to adopt.

NOTE: AD/CVD hearings are conducted by a "presiding official." See 19 C.F.R. 207.25. A general ITC rule state that a "presiding official" in a "nonadjudicative investigation" is "the Commission or ... one or more Commissioners." 19 C.F.R. § 201.13(b). The Commission may also designate other agency employees to conduct the hearings. See id. Hearings in AD/CVD cases are probably "nonadjudicative investigations" because the formal APA adjudication procedures do not apply as they do in section 337 unfair importation cases. See 19 U.S.C. 1337(c). But for the purposes of our Project, the AD/CVD proceedings are probably Type B adjudications.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at 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)?: 
92.00%
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
19 C.F.R. §§ 201.7 - 201.16; 207.1 - 207.8; 207.20 - 207.30; 207.45 - 207.46; 207.50 - 207.51; 207.60 - 207.69
Other published guidance for hearings (if any): 
http://www.usitc.gov/secretary/hearing_protocol.htm
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
150 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
6%
In-Person: 
94%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Agency
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Written hearings will be conducted only if all parties entitled to participate at a hearing request such a procedure and the hearing officer (i.e. the Commission) agrees.
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The singular "presiding official" is used in several places, see 19 C.F.R. §§ 207.15, 207.25, 207.67, but another regulation states that a presiding official could be "the Commission or ... one or more Commissioners," or other designated agency employee(s), see 19 C.F.R. §§ 207.13(b).
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted at in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is at discretion of hearing officer in in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are presumed open (but may be closed under certain conditions). This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Other
If "Other," please specify (drafts): 
Decisions are typically drafted through a team effort consisting of Commissioners, Commissioner aides, and staff members, which is coordinated by a staff attorney.
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Final Determinations in AD/CVD cases (general): If Dep't of Commerce makes a preliminary negative determination ITC must make final determination within 75 days after Commerce's affirmative final determination. If Commerce makes an affirmative preliminary determination, ITC must make final determination either 45 days after Commerce's affirmative final determination, or 120 days after Commerce's preliminary determination, whichever is later. Five-year Reviews: In full reviews, the ITC must make its final determination within 360 days of initiation, or 120 days of the Commerce final determination, whichever is later. 19 U.S.C. 1675(c)(5)(A)-(B). If the ITC conducts an expedited review because it finds inadequate responses from interested parties to its notice of institution, it is to issue its final determination within 150 days after initiation. 19 U.S.C. 1675(c)(3)(B). In "extraordinarily complicated" five-year reviews, the Commission may extend the time for making its determination by up to 90 days. 19 U.S.C. 1675(c)(5)(B)-(C).
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
400 Days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
Notices of scheduling are published upon institution of a final phase AD/CVD investigation or a determination to conduct a full five-year review. See 19 C.F.R. 207.21, 207.62(c).These notices contain work schedules.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
19 C.F.R. §§ 207.2(f), 207.4
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
19 C.F.R. §§ 207.30, 207.68
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
COMMENT-Are ex parte contacts prohibited?: Ex parte meetings must be recorded. 19 C.F.R. § 207.5. COMMENT-Can third-parties submit amicus briefs and/or evidence?: See, e.g., 19 C.F.R. §§ 201.13(i)(2), 207.23, 207.26.
ADJUDICATORS
Total # of Hearing Officers: 
6
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
23
Total # Cases Decided/Closed (FY2013): 
17
Total # Cases Pending (End of FY2013): 
11
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
By phone
Web address: 
http://www.usitc.gov/press_room/documents/FY%202015%20Congressional%20Budget%20Justification.pdf
Verified by Agency: 
Verified