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USITC Commissioner Series: What Divides the International Trade Commission?

At the International Trade Commission, a panel of up to six Commissioners is the gatekeeper of Section 337. Before the termination of any investigation, an administrative law judge's initial determination is always subject to Commission review. However, the Commissioners do not always agree and have recently shown increasing disparity on issues focused on the nuance of Section 337, like the domestic industry requirement and forms of remedy. To help navigate these disagreements, below is a comprehensive and searchable resource for all Commissioner dissents and concurrences over the last ten years. (Last updated through December 2023)

Search by Investigation Number: e.g., 1344, 794, 1190

Search by Issue: e.g., Remedy, CDO, Domestic Industry, Infringement

Search by Commissioner: e.g., Stayin, Johanson, Kearns

Our coverage in the USITC Commissioner Series details some of the key conclusions that can be drawn from this data. Read part one here, part two here, part three here and part five here.

To help visualize, below is an interactive identification of all dissents and concurrences. The data can be grouped or shaded by issue or commissioner. They can also be resized by the length of the opinion.


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