The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations. While the trade secret misappropriation claims were withdrawn, the presiding administrative law judge granted respondents’ motion to dismiss the antitrust claims for failing to establish antitrust standing (i.e., plead a cognizable antitrust injury). Although the Commission only recently announced that it would hold an oral argument concerning the ALJ’s dismissal of the antitrust claims on March 14, 2017, the Commission has issued a notice postponing the argument until April 20 in order to allow more time for public comment.
For more information about the antitrust aspects of this case, please see our previous blog posts, available here: March 1; December 20; November 21.