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To the editor: Certain aspects of Section 337 proceedings before the U.S. International Trade Commission were misstated in the article “ Can You Afford the Fight?” ( Legal Times’ IP, July 23, Page 18). The article stated that ITC staff attorneys will “present the case for aiding the U.S. complainant at the hearing,” thereby “augmenting” the work of the complainant’s counsel. This is not true. The staff attorney from the commission’s Office of Unfair Import Investigations who is assigned to each investigation functions as an independent party representing the public interest. These staff attorneys take positions on an issue-by-issue basis, sometimes presenting evidence and argument in support of the complainant’s case and sometimes presenting evidence and argument in support of the respondent’s positions. The article also stated that the ITC “has no jurisdiction over disputes between two American companies” and otherwise suggests that Section 337 investigations are limited to complaints by American companies against foreign companies. In fact, the commission’s jurisdiction under Section 337 is in rem and requires that the accused products be imported products; the nationality of the complainant or the respondent does not affect the commission’s jurisdiction. Lynn I. Levine Director Office of Unfair Import Investigations U.S. International Trade Commission

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