ITC Section 337 rules now require ownership disclosure
The US International Trade Commission (ITC) has proposed amendments to its Rules of Practice and Procedure for Section 337 investigations. The changes require parties and intervenors to disclose information about entities with ownership or financial interests in the investigation. This procedural update affects any company involved in intellectual property enforcement actions before the ITC, including patent holders, respondents, and third parties participating in Section 337 cases.
Photo: Anna Shvets / PexelsSection 337 disclosure rules tightened
On April 30, 2026, the US International Trade Commission published a proposal to amend its Rules of Practice and Procedure governing Section 337 adjudication and enforcement. According to the Federal Register notice, the ITC intends to "require disclosure of information by the parties and intervenors in section 337 investigations and ancillary proceedings before the Commission regarding entities that have an ownership or a financial interest in the investigation."
Who must disclose
The new rules apply to all participants in Section 337 cases—including complainants (typically patent holders), respondents (typically importers or manufacturers accused of infringement), and intervenors (third parties seeking to participate). Any party must now identify and disclose entities with ownership stakes or direct financial interests in the outcome of the investigation.
Section 337 of the Tariff Act grants the ITC authority to investigate unfair methods of competition and unfair acts in the importation and sale of goods, including patent, trademark, copyright, and trade secret infringement. The ITC can exclude infringing goods from the US market or issue cease-and-desist orders against importers—making Section 337 enforcement a critical tool for brand owners protecting intellectual property rights against import of counterfeit or infringing merchandise.
What disclosures cover
While the Federal Register notice does not detail the exact scope of "ownership or financial interest," the intent is clear: the ITC is seeking transparency around who stands to benefit or lose in Section 337 cases. This prevents hidden stakeholders from influencing investigations through undisclosed proxies or shell entities.
The disclosure requirement applies to "parties and intervenors in section 337 investigations and ancillary proceedings." This covers both the core investigation phase and any follow-on enforcement or modification cases before the Commission.
What this means for shippers
If your company participates in or plans to join a Section 337 investigation—whether as a patent-holding complainant, respondent importer, or interested third party—prepare detailed ownership and financial-interest disclosures now. Failure to comply with the final rule could result in sanctions, dismissal, or loss of standing. Check the Federal Register for the comment period deadline and final rule publication to confirm the effective date and exact filing requirements. /sanctions-screen
