Did You Know: The ITC Issues Advisory Opinions, ITC Blog
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What is an advisory opinion?
An advisory opinion provides non-binding guidance with respect to the legal implications of a particular situation that is not the subject of an actual case or controversy. Federal courts are precluded from providing advisory opinions by Article III of the Constitution. However, unlike federal courts, the ITC, as an executive agency, can issue advisory opinions in certain circumstances. The ITC is specifically authorized to issue advisory opinions as to whether a proposed course of conduct (e.g. the importation of a new or redesigned product) would violate an existing exclusion, cease and desist, or consent order. 19 C.F.R. § 210.79.
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