CAFC in Lelo vs. ITC: ITC’s Final Determination was not in accordance with law .

From Lelo vs. ITC:

Appellants appeal the finding of the U.S.

International Trade Commission that

the domestic industry requirements of § 337

were satisfied upon a showing of a

“significant investment in plant or equipment”

and a “significant employment of labor or

capital.”1

See 19 U.S.C. §

1337(a)(3). Because the ITC’s

domestic industry analysis and determination

was  based on qualitative  factors, we reverse

.

link:  http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1582.Opinion.5-7-2015.1.PDF