USITC Orders 100-Day Domestic Industry Determination in Latest Investigation

On March 28, 2013, the United States International Trade Commission ordered Administrative Law Judge Theodore R. Essex to issue an initial determination, within the first 100 days of the recently instituted Laminated Packaging Investigation, as to whether complainant Lamina Packaging Innovations LLC has satisfied the economic prong of the domestic industry requirement of Section 337.

The procedure set forth in the Commission's Notice of Investigation mandates an expedited fact and expert discovery period, pre- and post-hearing briefing, a hearing on the merits, and the issuance of an initial determination, solely on the issue of whether the complainant has satisfied the economic prong of the domestic industry requirement. The Administrative Law Judge must issue his initial determination within the first 100 days of the investigation. If the Administrative Law Judge finds that the complainant has not satisfied the economic prong of the domestic industry requirement, the investigation will be stayed unless the Commission orders otherwise. Any other finding will not stay the investigation. The procedure also establishes a short window during which the parties can petition the Commission for review of the initial determination, which will be handled in accordance with the Commission's existing rules on review.

In accordance with the Notice of Investigation, the Administrative Law Judge has issued a proposed procedural schedule setting forth two consecutive 15-day periods in which to conduct fact and expert discovery, approximately 10 days to submit pre-hearing briefs and motions, a two-day hearing on the merits, approximately 11 days for post-hearing briefing, and approximately one month to draft the initial determination, to be completed on or about July 5, 2013. The Administrative Law Judge has further ordered the parties to the investigation to file a joint submission regarding the proposed procedural schedule.

Additional information regarding these procedures is expected as the investigation continues. The full case caption is Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof, ITC Inv. No. 337-TA-874. Jones Day is counsel to one of the named respondents in this investigation.

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