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Prosecutorial Discretion — the Quick ITC Escape

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The United States International Trade Commission’s (ITC) third decision in five years not to investigate an alleged violation of Section 337 of the Tariff Act, 19 U.S.C. § 1337, appears to contradict its statutory mandate. The ITC is instructed that it “shall investigate” alleged violations of Section 337, yet it dismissed complaints in 2012, 2014 […]

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