§1659 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

A district court must pause a civil case when a party in that case is also a respondent in a section 337 proceeding before the U.S. International Trade Commission, if that respondent asks. The pause covers claims that raise the same issues as the ITC case and lasts until the ITC decision becomes final. The request must come within 30 days of being named in the ITC case or within 30 days after the civil case is filed. Even if section 337(n)(1) would say otherwise, when the pause ends the ITC’s case record must be sent to the district court and can be used as evidence, subject to any protective order the court sets and to the Federal Rules of Evidence and Civil Procedure.

Title 28, §1659

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within—

(1)30 days after the party is named as a respondent in the proceeding before the Commission, or

(2)30 days after the district court action is filed,

(b)Notwithstanding section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. The Federal Rules of Evidence and the Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after such date, see section 322 of Pub. L. 103–465, set out as an

Effective Date

of 1994 Amendment note under section 1337 of Title 19.

§1659 Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission

Summary

Title 28, §1659

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata