A Study On The Issues Of US Section 337 Investigations

The Section 337 investigation of US has become one of the most troublesome trade protection measures for the export enterprises of China.In practice,Section 337 investigations are mainly used for recognizing patent infringements.The US Custom stops the products,which are being recognized by Section 337 as infringing products,from being imported into the US market.This thesis aims to disclose the features of trade protectionism of Section 337,by studying the provision of the 19 U.S.C.§ 1337,which is referred to as "Section 337",and its relevant cases.Meanwhile,Section 337 regulates not only patent infringements,but also all the "unfair methods of competition and unfair acts" that "injures domestic industry" according to Section 337(a)(1)(A).Such definition broadens the use of general exclusion order of Section 337.A study of a case under GATT indicates that the general exclusion order of Section 337 is against the principle of national treatment.Besides,in that case the general exclusion order cannot be regarded as the exception of national treatment stipulated in Article GATT20(d).The panel of GATT then suggested US to limit the use of general exclusion order.However,after the case of TianRui Group Co.Ltd.v.Int'l Trade Comm'n(hereinafter referred to as "Tianrui"),the controversial Section 337 has acquired exterritorial enforcement.This even broadens the use of general exclusion order.The first part of the thesis is a brief introduction about Section 337.A study is made on the provisions of Section 337 to find the scope of jurisdiction;composing elements and proceedings of Section 337.The second part is to determine that the general exclusion order of Section 337 has violated the principle of national treatment by a case study,in which Section 337 does not constitute the exception of national treatment of GATT20(d).The third part combines Section 337 with the reality of China,to introduce three cases filed on the excuse of unfair methods of competition and unfair acts under Section 337(a)(1)(A)with Chinese enterprises as the respondent to show the extended governance of Section 337 after the case of "Tianrui".Meanwhile,the general exclusion order has been used to govern exterritorial behavior and non-patent infringement cases.Under this situation,I believe,Section 337 functions as an expansion of trade protectionism,which even affected the judicial independence of China.The part four is some advice about responding to Section 337.