ITC Commissioner Nominations Advance: Key Takeaways From the Senate Finance Committee Hearing

On June 25, 2026, the U.S. Senate Committee on Finance held a hearing to consider five nominations to the United States International Trade Commission (ITC). The nominees are:

• Brett Doyle (Connecticut) — to serve until December 16, 2030, succeeding Rhonda K. Schmidtlein
• David Foley, Jr. (Virginia) — to serve until June 16, 2032, succeeding Amy Karpel
• Samuel Negatu (District of Columbia) — to serve until June 16, 2029, succeeding F. Scott Kieff
• Peter-Anthony Pappas (New Jersey) — to serve until June 16, 2035, succeeding Randolph J. Stayin
• Bartholomew Thanhauser (New York) — to serve until December 16, 2027, succeeding David S. Johanson

The hearing highlighted several themes relevant to practitioners and stakeholders in Section 337 investigations:

• Speeding up proceedings: There was discussion around the duration of Section 337 investigations, with an emphasis on the need to accelerate timelines so that ITC remedies keep pace with the rapid evolution of technology.
• Intellectual property (IP) as an economic driver: Witnesses and committee members underscored the critical role that strong IP rights play in fostering technological innovation and broader economic growth.
• Addressing foreign exploitation: Concerns were raised about foreign actors potentially leveraging or circumventing U.S. trade laws, reinforcing the ITC’s importance as a key enforcement venue.
• Nonpartisan commitment: Nominees and committee members reaffirmed the Commission’s tradition of operating as a nonpartisan, fact-driven body, which remains essential for credible decision-making in high-stakes international trade and IP matters.
• Public interest considerations: The ITC is expected to continue carefully weighing the statutory public interest factors, including impacts on downstream customers, when deciding on exclusion orders and other remedies.
• Broader engagement: There was interest in the Commission conducting field visits outside the Beltway to better understand the real-world needs of American businesses, workers, and communities affected by international trade and IP policy.

Takeaways

These nominations, if confirmed, would bring fresh perspectives to the ITC at a time when Section 337 investigations remain a vital tool for protecting U.S. IP against unfair imports. The emphasis on efficiency, public interest, and practical engagement is encouraging for both rights holders and respondents. Fish & Richardson will continue to monitor these nominations and their potential impact on ITC practice. Practitioners with questions about how these developments may affect ongoing or prospective investigations should contact their Fish attorney.

The full video and witness testimony is available here.