Research On Section 337 Of U.S Trade Law

Section of 337 is a unique method of trade protectionism in the United States. it's evolved from article 316 of the United States Tariff Act of 1922, and replaced by section 337 of Smoot-hawley Tariff Act. After three times of larger amendments of the United States Trade Act of 1974, Omnibus Trade and Competition Act of 1988, as well as Uruguay round Agreements Act of 1994, become the existing section 337.Section 337 was initially formulated 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: substantive provisions and procedural provisions. The procedural provisions accounted for most of the section, the investigation which in accordance with the procedural provisions was called 337 investigations, it's conducted by the United States International Trade Commission (hereinafter ITC).The investigations can be launched from the complaints to the ITC or through self-initiated manner by the ITC. If the investigations prove that the imported products of the respondent belong to the unfair activities provided by Section 337, the ITC would issue Limited Exclusion Order, the Cease or Desist Orders, or General Exclusion Orders to the imported products which are complained to constitute infringements according to the needs of specific cases. If the General Exclusion Orders is issued, the imported products which are involved will be temporarily or permanently excluded from the market of United States. So compared with the Anti-dumping investigations, 337 investigations are greater destruction than the Anti-dumping investigation and States should pay more attention.Although many countries accused Section 337 of violating national treatment principle of WTO, the United States didn't weaken its 337 investigations. Instead, making it become"the large-scale destructive weapon"after the common trade protection measures such as Anti-dumping investigation,Countervailing…….Faced with Section 337 investigations, how shall China's enterprises and Government respond? This is a major and urgent problem in front of our enterprises and government .The paper introduces the section of 337 from its begin with the basic origin of Section 337, then comprehensive analysis of the contents of Section 337 legislation and trade remedies, finally, based on the actual situation of China's enterprises, make own little survey recommendations for enterprises in China on how to properly deal with Section 337, hope that provide a little inspiration to China's foreign trade legislation protection.This essay has 5 chapters in total. The brief introduction to specific content is as follow:Chapter one: U.S. Trade Law "Section 337" Overview. This section is divided into three sections , which beginning with the first of all sources of Section 337, respectively introduced the development and revision of Section 337 in United States Tariff Act of 1922 , Smoot-hawley Tariff Act , United States trade act of 1974 and Omnibus Trade and Competition Act of 1988, Uruguay round Agreements Act of 1994. Then analysis on economic and political aspects of the legislation purpose of Section 337, and from a realistic level, speculate the development trend of Section 337.Chapter two: The substantiality of Section 337.The substantiality specified in Section 337 is divided into based on infringement of intellectual property and non-infringement of intellectual property, for the theme of writing is based on infringement of intellectual property, therefore only the former was analyzed. The substantiality was divided into three elements: (1) unfair acts (2) damage to the industry (3) the existence of the domestic industry, and details of the three elements.Chapter three: The basic procedure of Section 337. 337 investigations are relatively more complex, this article was divided into seven parts. First, described the subject of 337 investigation,then elaborated on the 337 investigations procedures and compared 337 investigations with judicial proceedings, analysis of why the plaintiff in favor of 337 investigation in comparison judicial proceedings.Chapter four: The relief measures of Section 337 violations. Section 337 relief measures can be divided into an Exclusion Orders, Cease orders and temporary relief measures, this article will analyze these relief measures.Chapter five: U.S. Trade Law "Section 337" with China. This chapter is divided into three parts, first, comparative analysis of the characteristics of 337 investigation which china suffered, and analyzed the damage of china's enterprises that caused by 337 investigation through the interpretation of two typical cases, including explicit economic losses and implicit economic losses. Finally make some recommendations to china's enterprises how to deal with 337 investigation, the recommendation reflected in the seven areas, including how to take precautions, how to positive respond, the government should how to guide, the industry should how join hands and international cooperation and so on.Chapter six: Conclusion. In the closing date of this writing, time when the "Huawei" to submit the complaint to the U.S. Court, said that the acquisition of Motorola with Nokia Siemens would lead to disclosure of intellectual property which related to Huawei, this action will cause Huawei's business losses. Although the domestic media didn't seem to be a substantial follow-up reports on this case, there is no doubt that the case will be special significance in the rights protection history of our enterprises, regardless of success or failure. The author will make the case as the end of this article, intended to prove that consciousness awakening of intellectual property protection in Chinese enterprises, also indirectly explain the core concept of intellectual property protection in the international competition which is china's enterprises should possess: learn the skills that deals with me to be self-improvement first, learn the skills that deals with me to deal with itself later.