USITC Commissioner Series: What Divides the International Trade Commission?
May 1, 2024, 8:12 AM
At the International Trade Commission, a panel of up to six Commissioners is the gatekeeper of Section 337. Before the termination of any investigation, an administrative law judge's initial determination is always subject to Commission review. However, the Commissioners do not always agree and have recently shown increasing disparity on issues focused on the nuance of Section 337, like the domestic industry requirement and forms of remedy. To help navigate these disagreements, below is a comprehensive and searchable resource for all Commissioner dissents and concurrences over the last ten years. (Last updated through December 2023)
Search by Investigation Number: e.g., 1344, 794, 1190
Search by Issue: e.g., Remedy, CDO, Domestic Industry, Infringement
Search by Commissioner: e.g., Stayin, Johanson, Kearns
Our coverage in the USITC Commissioner Series details some of the key conclusions that can be drawn from this data. Read part one here, part two here, part three here and part five here.
To help visualize, below is an interactive identification of all dissents and concurrences. The data can be grouped or shaded by issue or commissioner. They can also be resized by the length of the opinion.

To subscribe to our publications, click here.
News & Insights
News & Insights
Informa Antitrust Texas 2025
Speaking Engagement
Antitrust
ACI Forum on Pharma & Biotech Patent Litigation USA 2025
Speaking Engagement
Intellectual Property
MCCA Gala 2025
Sponsorship
Antitrust
Centerforce IP Strategy Summit: Palo Alto
Speaking Engagement
Intellectual Property
CCWC 21st Annual Career Strategies Conference
Speaking Engagement
Pro Bono Partnership 28th Anniversary Gala
Sponsorship
Antitrust
Ronald McDonald House New York Together in Gold Annual Gala
Sponsorship
Fordham 52nd Annual Conference on International Antitrust Law and Policy
Speaking Engagement
Antitrust
Kisaco Research Trade Secret Legal Protection Conference 2025
Speaking Engagement
Intellectual Property
SCCE 23rd Annual Compliance & Ethics Institute
Speaking Engagement
Antitrust