The International Trade Commission (ITC) has increasingly emphasized the need for robust evidentiary support when it comes to importation allegations under Section 337 of the U.S. Tariff Act. Recent decisions have underscored this shift, as some investigations were not instituted due to complaints inadequately pleading the importation aspect. Affected parties include high-profile firms and cutting-edge technologies, ranging from semiconductors to vaporizer devices.
Historically, the ITC has readily proceeded with investigations without delving deeply into the importation claims. However, the commission’s current trajectory suggests heightened scrutiny in assessing whether specific instances of illegal importation have been sufficiently detailed and supported by evidence in complaints. For example, in Case No. 337-TA-1332, the ITC did not move forward with an investigation on certain claims, as allegations lacked sufficient evidence of importation despite MediaTek’s association with the products in question. Similarly, in the case of Qualcomm chips, the ITC dismissed the investigation for similar evidentiary shortfalls concerning importation.
This evolving stance by the ITC highlights the necessity for complainants to provide direct and substantial evidence, such as purchase receipts or detailed product photographs demonstrating overseas manufacturing, to meet the commission’s requirements. Legal professionals considering ITC complaints should closely examine recent ITC decisions to better understand the level of evidence required to demonstrate importation. Further insights into these developments and specific cases can be explored in the full analysis available here.