On The Research Of The 337～(th) Section Of The American Tarrif Law And Its Significance On China

The term"Section 337"is the short form of section 337 of"the tariff law of 1930".Its main function is to normalize the unfair trade practices of the imports invested by the U.S. International Trade Commission (ITC). In recent years, Chinese enterprise subjected to the investigation of 337 is reported in the major media. And study the issue is always lack of theoretical achievements or little less rational analysis. This article is entitled"On the Research of the 337th Section of the American Tarrif Law and its Significance on China", to deal with this proposition, the article will be divided into four parts:The first part is the through discussion of section 337, from the need to protect intellectual property boundary. I analysis it from the economic and international trade, domestic and international law on the level of intellectual property rights. In international trade with the status upgrade, the need for protection of intellectual property boundary is uprising. Then, the author allowed static analysis and dynamic historical review provisions ways, from the interpretation of the provisions of articles 337 and historical perspective, reviewed 337 articles in the United States different historical stages of development. At last, the author briefly discusses the main idea and function of section 337.The second component is"the analysis of section 337". The author from the start of the scope of section 337, through comparative analysis of section 337 and other trade relief measures, mainly with the Special 301 section and anti-dumping investigation, summarized the features of section 337. Then, the author analyzed section 337 in elements, a detailed account of the section 337 of the ITC investigation procedures and remedies, and further compared with the section 337 of the federal district court for relief under the various judicial relief, thereby better addressed the features of 337 survey.The third part is"on the legality of section 337 in the WTO system". As a trade regime of an important member of the WTO, section 337 should be placed within the framework of the WTO to examine its compliance with the relevant rules. As the 337 trade relief system, unlike other provisions in the WTO legal system corresponding specialized requirements, and therefore must be reviewed individually with the relevant provisions. In accordance with the time trail, the part of a cluster analysis on the original GATT provisions on the 337 two cases, which the United States and the European Union after the 337 articles of amendment in the framework of the WTO challenge, and finally rejected in a number of arbitrary points, given to the views of section 337, section 337 violated GATT provisions of the relevant provisions, but did not indicate section 337 violated the relevant provisions of TRIPS agreement.Part IV is"the impact of section 337, response and learn from". After analyzing the conditions and reasons of some Chinese enterprises subjected to the section 337, the author concluded that it must made the enterprise, industry and government organizations work together for a multi-pronged Road. Then, the author linked to the Chinese system of border protection of intellectual property status with border protection of intellectual property in the U.S., pointed out the inadequacies of China's relevant system. Finally, in response to these deficiencies, linked section 337 has raised its recommendations.