C.F.R. » Title 19 » CHAPTER II—UNITED STATES INTERNATIONAL TRADE COMMISSION › SUBCHAPTER C—INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE › PART 210—ADJUDICATION AND ENFORCEMENT › Subpart G—Determinations and Actions Taken

19 C.F.R. § 210.45

Review of initial determinations on matters other than temporary relief

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(a) Briefs and oral argument. In the event the Commission orders review of an initial determination pertaining to issues other than temporary relief, the parties may be requested to file briefs on the issues under review at a time and of a size and nature specified in the notice of review. The parties, within the time provided for filing the review briefs, may submit a written request for a hearing to present oral argument before the Commission, which the Commission in its discretion may grant or deny. The Commission shall grant the request when at least one of the participating Commissioners votes in favor of granting the request.

(b) Scope of review. Only the issues set forth in the notice of review, and all subsidiary issues therein, will be considered by the Commission.

(c) Determination on review. On review, the Commission may affirm, reverse, modify, vacate, or remand for further proceedings, in whole or in part, the initial determination of the administrative law judge. In addition, the Commission may take no position on specific issues or portions of the initial determination of the administrative law judge. The Commission also may make any findings or conclusions that in its judgment are proper based on the record in the proceeding. If the Commission's determination on review terminates the investigation in its entirety, a notice will be published in the Federal Register.

[59 FR 39039, Aug. 1, 1994, as amended at 60 FR 53120, Oct. 12, 1995; 73 FR 38235, July 7, 2008; 90 FR 246, Jan. 3, 2025]
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2010–2026 · leading case: Deere & Co. v. Int'l Trade Comm'n, 605 F.3d 1350 (Fed. Cir. 2010).
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Deere & Co. v. Int'l Trade Comm'n, 605 F.3d 1350 (Fed. Cir. 2010). · cites it 2× “§ 557 (b) (giving agencies "all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule"); 19 C.F.R. § 210.45 (c) (implementing 5 U.”
Gen. Elec. Co. v. Int'l Trade Comm'n, 692 F.3d 1218 (Fed. Cir. 2012). · cites it 4× “The regulation on which the Commission now relies to preclude judicial review is as follows, with emphasis added to the 2008 amendment: 19 C.F.R. §210.45 Review of initial determinations on matters other than temporary relief.”
LSI Corp. v. United States Int'l Trade Comm'n, 604 F. App'x 924 (Fed. Cir. 2015). “41; 19 C.F.R. § 210.45 (c), there is no "final determination” on the '867 patent that we can review, see 19 U.”
Gen. Elec. Co. v. Int'l Trade Comm'n, 670 F.3d 1206 (Fed. Cir. 2012). “1984), and was confirmed by regulatory amendment (with emphasis added to the 2008 amendment at issue): 19 C.F.R. § 210.45 Review of initial determinations on matters other than temporary relief.”
Sidak v. U.S. Int'l Trade Comm'n (D.D.C. 2023). “See 19 C.F.R. § 210.45 (c). Before 2018, the Commission’s Chairman alone appointed ALJs.”
Apple Inc. v. Itc (Fed. Cir. 2026). “” 19 C.F.R. § 210.45 (c) (emphasis added); see also 19 C.”
Lsi Corp. v. Itc (Fed. Cir. 2015). “41; 19 C.F.R. § 210.45 (c), there is no “final determination” on the ’867 patent that we can review, see 19 U.”
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