Section 337 And Chinese Export Enterprises

Section 337 originally referred to the 337^th item of "the United States' 1930 Tariff Act" . At first, it was to control unfair trade activities, such as dumping products to the United States and monopolized business. Having been amended for many times afterwards, it became a juristic regulation that was used to control foreign manufacturers' products related to the United States' intellectual property.Section 337 is to preserve the United States' national related industry and its possession rate in the national market through intellectual property preservation to the United States importing trade. The legislation aim of Section 337 is to avoid foreign manufacturers importing and selling their products through unfair competition and unfair trade. If the activity of importing or selling destroys or substantially injuries some American industries, if the activity prevents the establishment of such an American industry, if the activity restrains or monopolizes trade and commerce in the US, it is disobeying the regulation of Section 337.As a great number of "Made in China" products enter the international market, the cases that our exported products suffered the anti-dumping investigation are more and more. China has been in the era when the international trade conflict is increasing greatly.According to the prediction of experts, there will be billions of exported products in our country suffering the technical trade barrier from the imported countries. From 2001 on, the cases of "337 investigations" have increased greatly every year. The numbers of cases up to 2005 (36pcs) on Chinese companies is 3 times of that of the 1990s' (10pcs). The rapid increase was not accidental. It was closely related with the big environment of world economic pattern and the trade relationship between China and the USA, as well as the small environment of the acuity of the competition in the market and the consciousness strengthening of the intellectual property right.Compared with other trade barriers, there are no enough people who knew Section 337 in China. There are advantages to initiate the lawsuit based on Section 337, Section 337 is superior to other trade barriers, as well as our country's intellectual property rights system has not been perfect yet, all of which cause Section 337's influence on our country's international trade exporting to the United States to increase day by day.China has been becoming the global center of manufacturing. The technology content of the products exported to America is higher and higher, and the relationship between the products and the intellectual property right is closer and closer. The threat of Chinese products to American products is becoming larger; therefore, the cases of Section 337 must increase. Studying Section 337 will not only increase our country's products' share in the international market, but also be helpful for improving the competition capability of Chinese enterprises.