After a complaint is filed with the Commission, OUII examines the complaint for sufficiency and compliance with the applicable rules, and makes a recommendation to the Commission regarding institution of the requested investigation. OUII's examination of the complaint may result in a request for supplementation or amendment of the complaint prior to the Commission’s determination regarding whether to institute an investigation. ¹⁵

The Commission will normally determine whether to institute a Section 337 investigation within 30 calendar days after the filing of a complaint. If a complaint is accompanied by a motion for temporary relief, the Commission will normally make its determination regarding institution of an investigation and provisional acceptance of the motion for temporary relief within 35 calendar days after the filing of the complaint and motion.

In the event that the Commission determines to institute a Section 337 investigation, a notice of investigation defining the scope of the investigation is published in the Federal Register. These notices typically appear in the Federal Register the week following the last day of the 30-or 35-day period for determining whether to institute an investigation. In addition to publishing a notice in the Federal Register, the Commission serves a copy of the complaint and notice of investigation on all of the respondents named in the investigation as well as on the U.S. embassy for the country in which they are located.

In the event that the Commission determines not to institute an investigation based upon a complaint, the complainant and all the entities named as proposed respondents in the complaint will receive written notice of the Commission's action. Decisions not to institute an investigation are rare.

¹⁵ See Question and Answer 6 for further information about the service of complaints and notices of investigation by the Commission.