Lewis Leibowitz: Section 337 Case both “Interesting and Contentious”

Late last week the International Trade Commission (ITC) temporarily suspended the Section 337 case brought by United States Steel (USS) against China, pending consultations with the Department of Commerce. ITC Administrative Law Judge Dee Lord stated that two of the three causes of action brought by USS (evasion of antidumping and countervailing duty orders and anti-competitive price fixing) actually come under the purview of the U.S. Department of Commerce and the antidumping (AD) and countervailing duty (CVD) statutes they administer. The third cause of action (theft of trade secrets) is not within the purview of the Commerce Department.

In the same order suspending the case, the Administrative Law Judge set the “target date” for the case at October 2, 2017.