U.S. International Trade Commission Proposes New Disclosure Rules for Section 337 Investigations

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The United States International Trade Commission (ITC) has proposed new rules. These rules aim to amend the current procedures for Section 337 investigations. The proposed changes focus on requiring more disclosure from parties involved in these investigations.

The Commission wants to improve transparency. This will be done by making parties reveal information about ownership and financial interests. This information will relate to those who have a stake in the investigation.

Entities involved in Section 337 investigations must now disclose:

• Any parent corporation or entity owning stock.
• Any person or entity with a legal right to bring the investigation.
• Any funder or entity that needs to approve litigation or settlement decisions.

These proposed rules include a requirement for business addresses and places of formation of any entity to be disclosed. If there are no such entities, parties must state their lack of knowledge of any.

The ITC seeks comments from the public about these changes. They are interested in knowing if the rules are clear and how they can be improved. The public is encouraged to comment on the impact of these changes and if they impose any undue burden.

Comments on these rules must be submitted by June 29, 2026. Comments can be sent via various methods including mail, email, and online portals.

Once comments are reviewed, the ITC will decide if these rules will be finalized. The goal is to ensure better transparency, reduce conflicts of interest, and aid in the settlement process. The ITC’s new rules aim to align more closely with existing federal court practices on disclosure.

Overall, these changes are part of the ITC’s ongoing efforts for effective regulation and improved procedural rules. The outcomes of these rules will lead to more clarity and fairness in trade investigations.

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