ITC Announces New ALJs and New Public Interest Rules

IP Topics

The US International Trade Commission has announced that it will welcome two new Administrative Law Judges on October 24th, David P. Shaw and Thomas Bernard Pender, bringing the total number of ITC ALJs back to six. Judge Shaw most recently was an ALJ with the Social Security Administration and previously served for many years at the ITC as an Attorney-Advisor in the ITC's Office of Administrative Law Judges. Judge Pender has served recently as an ALJ with the Social Security Administration and the Small Business Administration. The commission also announced that Judge Charles E. Bullock has been named Chief Administrative Law Judge. Judge Bullock, who joined the ITC bench in 2002, has been serving as Acting Chief Judge since the August 2011 retirement of former Chief Administrative Law Judge Paul J. Luckern. Chief Judge Bullock has indicated that some investigations already in progress will be reassigned to the two new Administrative Law Judges upon their arrival.

The Commission also has announced new rules relating to the public interest and specifically "to gather more information on public interest issues arising from complaints filed with the Commission[.]" 76 Fed. Reg. No. 202, pgs. 64803-64810.

Among other requirements:

• under the new rules a complainant must submit a separate statement addressing public interest concurrently with the complaint;
• respondents are to address such issues at the time of the response; and
• opportunities are provided for public comment prior to institution of a complaint.

The Commission noted that the new rules do not change "the Commission's substantive practice with respect to its consideration of the public interest factors in its determinations relating to the appropriate remedy." The new public interest rules take effect on November 18, 2011.

For more information, please contact Marcia Sundeen, 202.220.4292 or msundeen@kenyon.com