Align Technology, Inc. v. International Trade Commission

CHEN, Circuit Judge.

The International Trade Commission’s regulations authorize the Commission to review a decision of an administrative law judge (ALJ) when that decision is designated as an “initial determination.” Other ALJ decisions, such as an “order,” are not reviewable. Here, the ALJ denied a motion via an order. This case requires us to consider whether the Commission’s review of that order was procedurally sound. For the reasons set forth below, we hold that it was not.

I. BACKGROUND

This case arises out of a proceeding before the Commission to enforce a Consent Order entered into by…