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Abstract
ALJ's Initial Determination Implicates Scope of Territorial Jurisdiction and Trade Secret Protections against Unfair Imports On August 6, 2020, the U.S. International Trade Commission (ITC) released a public version of the Final Initial Determination (ID) in the Matter of Botulinum Toxin Products (Inv. Medytox and Allergan brought this matter under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), which authorizes the ITC to halt importation of goods into the United States if (1) their production is the result of unfair trade practices, including misappropriation of trade secrets, and (2) the importation would destroy or substantially injure a domestic industry. In light of the statute's [i.e., Section 337's] focus on the act of importation and the resulting domestic injury, the Commission's order does not purport to regulate purely foreign conduct. Because foreign conduct is used only to establish an element of a claim alleging a domestic injury and seeking a wholly domestic remedy, the presumption against extraterritorial application does not apply.