| In recent years, many countries , including China, have frequently been initivated investigation based on the Section 337 of Tariff Act 1930 of the U.S.. As one party of the WTO and with the export volume continuing increasing, China is becoming one of the manufacturing center of the global. Also ,China is in the most critical moment of industry restructuring and upgrading. We are producing more and more patented products. Our competitiveness in the world have gradually been promoted. At the same time, our company has become main survey object of the Section 337 investigation .Once convicted of 337 investigation, all the involved products would be prohibited from the U.S.market, these companies will lose U.S. market forever. Reality tells us that the investigation will be over anti-dumping, countervailing to become the largest trade barrier to the export industry . It has been a huge obstacles for our restructuring and upgrading in our industrial structure .The exports are affect , the productivity expandent and innovative of the company will be deterimented. But the most export-oriented enterprises in China in the face of the 337 investigation, they are not familiar with the rules. If responding the suit ,it will bring high cost. So they are often not appearance of the respondent on time. And then, they lose the best time on the suit, the result is the huge losses. So face to the problem, we have to ask: Are we prepared for the respondent? What about our survey systerm, is it good enough to protect our industry? Shell we change our role in the new political and economic order in the international arena?All the answers will be explored in the paper.In this paper, we chose the interpretation,compareness and illustrate to analysis these questions. The text wiil be divided three parts:Part One The basic content of Section 337 InvestigationSection 337 is the short form of Section 337 of the United States Tariff Act of 1930, formerly known as《Smoot-Hawley Tariff Act》, evolved from Article 316 of the《United States Tariff Act of 1922》. After three times of large amendments by《United States Trade Act of 1974》,《Omnibus Trade and Competition Act of 1988》, as well as《Uruguay Round Agreements Act of 1994》, terms of the existing Section 337 formed the current pattern of a total of 14 provisions from paragraph(a)to(n). Section 337 was initially formulated in order to raise the tariffs of the United States, but the amended Section 337, gradually shifted to the regulation of unfair activities of infringement of intellectual property rights in foreign trade. From the specific content of the existing Section 337 terms, it can be roughly divided into two major parts: ubstantive provisions and procedural provisions. Paragraph (a) is the substantive provision,while almost all other provisions are procedural provisions of the Section 337 investigation. In accordance with the provision of Section 337(a), the Commission must fully consider the following three elements in order to judge whether the imported products constitute a violation of the Section 337 standards, ( a) the existence of unfair methods of competition and unfair acts; (b)the act is to destroy or substantially injure an industry in the United States), and(c)the existence of an industry or an industry is in the process of being established in the United States. In this part ,we will use the method of static analysis and dynamic historical review.Part Two The theoretic analysis of Section 337In this part,we will discuss the rationality and legitimacy of Section 337. For the rationality of Section 337, First , from a case reveal the huge benefits the United States has got from Section 337 investigation; Second, from the view of intellectual protection, we will see how the Section 337 make the relative balance between the interest of monopoly and public; Third, we have made some comparations among Section 337,Section 301, anti-dumping investigation and the Federal Court proceedings to get the character of Section 337; Finally , from the view of the intellectual protection , Section 337 combined with the other dometic intellectual protection law made a"network of intellectual protection".All those can illuminate the rationality of Section 337. As to the legitimacy of Section 337. First , we analyze whether Section 337 is in accordance with GATT. we review two cases about the Section 337. Second, we analyze the article 3 and article 20 of GATT. Last, analyze whether Section 337 offends article 3 or fits article 20 of GATT. Then, we analyze whether Section 337 is in accordance with new regulations and rules after the WTO being established. The points involve: Section 337 is measures of trade remedy or measures of unilateral sanction; if Section 337 is in accordance with TRIPS. In this part ,we use the method of case analysis and deductive reasoning.Part Three The revelation of the research on Section 337Above all , we can draw follow conclusions: First, we should take some measures to the Section 337 investigation; Second, we should get some revelations on the legislation and the practice on the foreign trade; Third, although Section 337 is always a effective way, but not all the people who appeal can achieve thire purposes which are to extrusion the competitors out of the U.S.market. This part introduced two cases in which two chinese companies won the suit. The two cases tell us we should be familiar with the rules of the Section 337.The second part of the paper tell us we should pay attention to the process of the international rules negotiating, change our roleplay on the stage of the new international polity and economy order. We should make efforts on the independent innovation, improve our companies'consciousness of intellectual protection. Implementation of the oversea acquisition strategy, make full use great achievements of the legislation in developed countries. In this part we used the method of demonstration analysis.
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