U.S. Court of International Trade: Order on Artificial Intelligence (Cases Assigned to Ju…
Judge Claire R. Kelly · U.S. Court of International Trade
Verified September 30, 2026
- Citation
- Order on Artificial Intelligence (Cases Assigned to Judge Kelly)
- Order date
- March 21, 2024
Summary
Applies to any submission containing text drafted with the assistance of a generative AI program on the basis of natural language prompts (e.g., ChatGPT, Google Bard).
What does the order require?
- Applies to any submission containing text drafted with the assistance of a generative AI program on the basis of natural language prompts (e.g., ChatGPT, Google Bard).
- Filer must submit a disclosure notice identifying the program used and the specific portions of text drafted with AI assistance.
- Filer must certify that AI use has not resulted in disclosure of confidential or business proprietary information to any unauthorized party.
- After the disclosure notice is filed, any party may move for relief permitted by statute or USCIT rules.
Practice areas: federal civil
What the order requires
Judge Kelly first entered her Order on Artificial Intelligence on March 21, 2024, pointing to Judge Vaden’s June 8, 2023 order for background, and reissued it on July 24, 2025 with its own confidentiality recital; the operative text did not change. It is textually parallel to Senior Judge Restani’s order (first entered March 20, 2024, reissued July 24, 2025). It applies to any submission in cases assigned to her chambers that contains text drafted with the assistance of a generative AI program on the basis of natural language prompts. The order requires (1) a disclosure notice identifying the program and specific portions drafted, and (2) a certification that AI use has not disclosed confidential or business-proprietary information to any unauthorized party.
The order is anchored in confidentiality rather than hallucination: its recital states that generative AI programs “challenge the Court’s ability to protect confidential and business proprietary information from access by unauthorized parties”. (Judge Vaden’s 2023 order, which the 2024 version cited for background, grounds the same concern in USCIT Rules 5(g) and 73.2(c)(2).) This is the dominant USCIT chambers framing for AI rules, distinct from most district courts.
R&G data note
Ropes & Gray’s tracker at one point conflated this order with the S.D.N.Y. sanctions opinion in United States v. Cohen, 18-CR-602 (S.D.N.Y. Mar. 20, 2024), which is tracked separately in the cases collection. The tracker’s current row dates this order March 21, 2024, the date of Judge Kelly’s original order.
USCIT chambers cluster
Three USCIT judges have used this template: Vaden (2023-06-08; lapsed on his resignation from the court on 2025-07-07), Restani (2024-03-20, reissued 2025-07-24), and Kelly (2024-03-21, reissued 2025-07-24). See Vaden’s order and Restani’s order.
Quotable lines
“A disclosure notice that identifies the program used and the specific portion of text that have been so drafted.”
“That the use of such program has not resulted in the disclosure of any confidential or business proprietary information to any unauthorized party.”
Primary source
How this order changed
Dated record of this order's own lifecycle. Where it was amended or withdrawn, the badge shows its standing after that step.