Section 337 On The U.S. Trade Law And The Countermeasures Of China

Section 337 initially refers to the section 337 of the Tariff Act of 1930. Over the years, Section 337 has developed into one of the primary means for U.S. companies to protect their intellectual property rights.Under Section 337 of the Tariff Act of 1930 (19 U.S.C.§1337), the U.S. International Trade Commission (ITC) conducts investigations into allegations of certain unfair practices in import trade. Section 337 declares the infringement of certain statutory intellectual property rights and other forms of unfair competition in import trade to be unlawful practices.The paper gives a detailed analysis of the section 337 investigation mechanism. Based on the comparison of the 337 investigation mechanism with federation court litigation, special 301, and the antidumping, the paper summarizes the characteristics of the American section 337 investigation. This paper also introduces the remedies of 337 investigations, and makes a focus on the general exclusion order which is the most powerful remedy.As the foreign trade surplus from the United States is continuously extending, China's ventures are now more and more often suffering investigation by the United States in accordance with the Article 337. Therefore it seems necessary to analyze the connotation of the Article 337 so as to conclude reasonable suggestions helpful to China's export ventures.This essay discusses the legal application, execution procedures of Section 337 and its newly development on statute law and case law, and concluded feasible countermeasures on the detailed research from the cases.