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R&D Based Domestic Industry Questions Remain, ITC Blog

July 2017


Visit the Jones Day ITC Blog.

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards satisfying subsections (A) or (B) of the domestic industry requirement, 19 U.S.C. § 1337 (a)(3). Two recent decisions from the ITC appear to conflict with ALJ Lord’s position, leaving the issue ripe for the Commission to directly address.

Read the full article at jonesdayitcblog.com.

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