US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1337]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
          Part II--United States International Trade Commission
 
Sec. 1337. Unfair practices in import trade


(a) Unlawful activities; covered industries; definitions

    (1) Subject to paragraph (2), the following are unlawful, and when 
found by the Commission to exist shall be dealt with, in addition to any 
other provision of law, as provided in this section:
        (A) Unfair methods of competition and unfair acts in the 
    importation of articles (other than articles provided for in 
    subparagraphs (B), (C), (D), and (E)) into the United States, or in 
    the sale of such articles by the owner, importer, or consignee, the 
    threat or effect of which is--
            (i) to destroy or substantially injure an industry in the 
        United States;
            (ii) to prevent the establishment of such an industry; or
            (iii) to restrain or monopolize trade and commerce in the 
        United States.

        (B) The importation into the United States, the sale for 
    importation, or the sale within the United States after importation 
    by the owner, importer, or consignee, of articles that--
            (i) infringe a valid and enforceable United States patent or 
        a valid and enforceable United States copyright registered under 
        title 17; or
            (ii) are made, produced, processed, or mined under, or by 
        means of, a process covered by the claims of a valid and 
        enforceable United States patent.

        (C) The importation into the United States, the sale for 
    importation, or the sale within the United States after importation 
    by the owner, importer, or consignee, of articles that infringe a 
    valid and enforceable United States trademark registered under the 
    Trademark Act of 1946 [15 U.S.C. 1051 et seq.].
        (D) The importation into the United States, the sale for 
    importation, or the sale within the United States after importation 
    by the owner, importer, or consignee, of a semiconductor chip 
    product in a manner that constitutes infringement of a mask work 
    registered under chapter 9 of title 17.
        (E) The importation into the United States, the sale for 
    importation, or the sale within the United States after importation 
    by the owner, importer, or consigner, of an article that constitutes 
    infringement of the exclusive rights in a design protected under 
    chapter 13 of title 17.

    (2) Subparagraphs (B), (C), and (D) of paragraph (1) apply only if 
an industry in the United States, relating to the articles protected by 
the patent, copyright, trademark, mask work, or design concerned, exists 
or is in the process of being established.
    (3) For purposes of paragraph (2), an industry in the United States 
shall be considered to exist if there is in the United States, with 
respect to the articles protected by the patent, copyright, trademark, 
mask work, or design concerned--
        (A) significant investment in plant and equipment;
        (B) significant employment of labor or capital; or
        (C) substantial investment in its exploitation, including 
    engineering, research and development, or licensing.

    (4) For the purposes of this section, the phrase ``owner, importer, 
or consignee'' includes any agent of the owner, importer, or consignee.

(b) Investigation of violations by Commission

    (1) The Commission shall investigate any alleged violation of this 
section on complaint under oath or upon its initiative. Upon commencing 
any such investigation, the Commission shall publish notice thereof in 
the Federal Register. The Commission shall conclude any such 
investigation and make its determination under this section at the 
earliest practicable time after the date of publication of notice of 
such investigation. To promote expeditious adjudication, the Commission 
shall, within 45 days after an investigation is initiated, establish a 
target date for its final determination.
    (2) During the course of each investigation under this section, the 
Commission shall consult with, and seek advice and information from, the 
Department of Health and Human Services, the Department of Justice, the 
Federal Trade Commission, and such other departments and agencies as it 
considers appropriate.
    (3) Whenever, in the course of an investigation under this section, 
the Commission has reason to believe, based on information before it, 
that a matter, in whole or in part, may come within the purview of part 
II of subtitle IV of this chapter, it shall promptly notify the 
Secretary of Commerce so that such action may be taken as is otherwise 
authorized by such part II. If the Commission has reason to believe that 
the matter before it (A) is based solely on alleged acts and effects 
which are within the purview of section 1671 or 1673 of this title, or 
(B) relates to an alleged copyright infringement with respect to which 
action is prohibited by section 1008 of title 17, the Commission shall 
terminate, or not institute, any investigation into the matter. If the 
Commission has reason to believe the matter before it is based in part 
on alleged acts and effects which are within the purview of section 1671 
or 1673 of this title, and in part on alleged acts and effects which 
may, independently from or in conjunction with those within the purview 
of such section, establish a basis for relief under this section, then 
it may institute or continue an investigation into the matter. If the 
Commission notifies the Secretary or the administering authority (as 
defined in section 1677(1) of this title) with respect to a matter under 
this paragraph, the Commission may suspend its investigation during the 
time the matter is before the Secretary or administering authority for 
final decision. Any final decision by the administering authority under 
section 1671 or 1673 of this title with respect to the matter within 
such section 1671 or 1673 of this title of which the Commission has 
notified the Secretary or administering authority shall be conclusive 
upon the Commission with respect to the issue of less-than-fair-value 
sales or subsidization and the matters necessary for such decision.

(c) Determinations; review

    The Commission shall determine, with respect to each investigation 
conducted by it under this section, whether or not there is a violation 
of this section, except that the Commission may, by issuing a consent 
order or on the basis of an agreement between the private parties to the 
investigation, including an agreement to present the matter for 
arbitration, terminate any such investigation, in whole or in part, 
without making such a determination. Each determination under subsection 
(d) or (e) of this section shall be made on the record after notice and 
opportunity for a hearing in conformity with the provisions of 
subchapter II of chapter 5 of title 5. All legal and equitable defenses 
may be presented in all cases. A respondent may raise any counterclaim 
in a manner prescribed by the Commission. Immediately after a 
counterclaim is received by the Commission, the respondent raising such 
counterclaim shall file a notice of removal with a United States 
district court in which venue for any of the counterclaims raised by the 
party would exist under section 1391 of title 28. Any counterclaim 
raised pursuant to this section shall relate back to the date of the 
original complaint in the proceeding before the Commission. Action on 
such counterclaim shall not delay or affect the proceeding under this 
section, including the legal and equitable defenses that may be raised 
under this subsection. Any person adversely affected by a final 
determination of the Commission under subsection (d), (e), (f), or (g) 
of this section may appeal such determination, within 60 days after the 
determination becomes final, to the United States Court of Appeals for 
the Federal Circuit for review in accordance with chapter 7 of title 5. 
Notwithstanding the foregoing provisions of this subsection, Commission 
determinations under subsections (d), (e), (f), and (g) of this section 
with respect to its findings on the public health and welfare, 
competitive conditions in the United States economy, the production of 
like or directly competitive articles in the United States, and United 
States consumers, the amount and nature of bond, or the appropriate 
remedy shall be reviewable in accordance with section 706 of title 5. 
Determinations by the Commission under subsections (e), (f), and (j) of 
this section with respect to forfeiture of bonds and under subsection 
(h) of this section with respect to the imposition of sanctions for 
abuse of discovery or abuse of process shall also be reviewable in 
accordance with section 706 of title 5.

(d) Exclusion of articles from entry

    (1) If the Commission determines, as a result of an investigation 
under this section, that there is a violation of this section, it shall 
direct that the articles concerned, imported by any person violating the 
provision of this section, be excluded from entry into the United 
States, unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United States 
economy, the production of like or directly competitive articles in the 
United States, and United States consumers, it finds that such articles 
should not be excluded from entry. The Commission shall notify the 
Secretary of the Treasury of its action under this subsection directing 
such exclusion from entry, and upon receipt of such notice, the 
Secretary shall, through the proper officers, refuse such entry.
    (2) The authority of the Commission to order an exclusion from entry 
of articles shall be limited to persons determined by the Commission to 
be violating this section unless the Commission determines that--
        (A) a general exclusion from entry of articles is necessary to 
    prevent circumvention of an exclusion order limited to products of 
    named persons; or
        (B) there is a pattern of violation of this section and it is 
    difficult to identify the source of infringing products.

(e) Exclusion of articles from entry during investigation except under 
        bond; procedures applicable; preliminary relief

    (1) If, during the course of an investigation under this section, 
the Commission determines that there is reason to believe that there is 
a violation of this section, it may direct that the articles concerned, 
imported by any person with respect to whom there is reason to believe 
that such person is violating this section, be excluded from entry into 
the United States, unless, after considering the effect of such 
exclusion upon the public health and welfare, competitive conditions in 
the United States economy, the production of like or directly 
competitive articles in the United States, and United States consumers, 
it finds that such articles should not be excluded from entry. The 
Commission shall notify the Secretary of the Treasury of its action 
under this subsection directing such exclusion from entry, and upon 
receipt of such notice, the Secretary shall, through the proper 
officers, refuse such entry, except that such articles shall be entitled 
to entry under bond prescribed by the Secretary in an amount determined 
by the Commission to be sufficient to protect the complainant from any 
injury. If the Commission later determines that the respondent has 
violated the provisions of this section, the bond may be forfeited to 
the complainant.
    (2) A complainant may petition the Commission for the issuance of an 
order under this subsection. The Commission shall make a determination 
with regard to such petition by no later than the 90th day after the 
date on which the Commission's notice of investigation is published in 
the Federal Register. The Commission may extend the 90-day period for an 
additional 60 days in a case it designates as a more complicated case. 
The Commission shall publish in the Federal Register its reasons why it 
designated the case as being more complicated. The Commission may 
require the complainant to post a bond as a prerequisite to the issuance 
of an order under this subsection. If the Commission later determines 
that the respondent has not violated the provisions of this section, the 
bond may be forfeited to the respondent.
    (3) The Commission may grant preliminary relief under this 
subsection or subsection (f) of this section to the same extent as 
preliminary injunctions and temporary restraining orders may be granted 
under the Federal Rules of Civil Procedure.
    (4) The Commission shall prescribe the terms and conditions under 
which bonds may be forfeited under paragraphs (1) and (2).

(f) Cease and desist orders; civil penalty for violation of orders

    (1) In addition to, or in lieu of, taking action under subsection 
(d) or (e) of this section, the Commission may issue and cause to be 
served on any person violating this section, or believed to be violating 
this section, as the case may be, an order directing such person to 
cease and desist from engaging in the unfair methods or acts involved, 
unless after considering the effect of such order upon the public health 
and welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, and United States consumers, it finds that such order should not 
be issued. The Commission may at any time, upon such notice and in such 
manner as it deems proper, modify or revoke any such order, and, in the 
case of a revocation, may take action under subsection (d) or (e) of 
this section, as the case may be. If a temporary cease and desist order 
is issued in addition to, or in lieu of, an exclusion order under 
subsection (e) of this section, the Commission may require the 
complainant to post a bond, in an amount determined by the Commission to 
be sufficient to protect the respondent from any injury, as a 
prerequisite to the issuance of an order under this subsection. If the 
Commission later determines that the respondent has not violated the 
provisions of this section, the bond may be forfeited to the respondent. 
The Commission shall prescribe the terms and conditions under which the 
bonds may be forfeited under this paragraph.
    (2) Any person who violates an order issued by the Commission under 
paragraph (1) after it has become final shall forfeit and pay to the 
United States a civil penalty for each day on which an importation of 
articles, or their sale, occurs in violation of the order of not more 
than the greater of $100,000 or twice the domestic value of the articles 
entered or sold on such day in violation of the order. Such penalty 
shall accrue to the United States and may be recovered for the United 
States in a civil action brought by the Commission in the Federal 
District Court for the District of Columbia or for the district in which 
the violation occurs. In such actions, the United States district courts 
may issue mandatory injunctions incorporating the relief sought by the 
Commission as they deem appropriate in the enforcement of such final 
orders of the Commission.

(g) Exclusion from entry or cease and desist order; conditions and 
        procedures applicable

    (1) If--
        (A) a complaint is filed against a person under this section;
        (B) the complaint and a notice of investigation are served on 
    the person;
        (C) the person fails to respond to the complaint and notice or 
    otherwise fails to appear to answer the complaint and notice;
        (D) the person fails to show good cause why the person should 
    not be found in default; and
        (E) the complainant seeks relief limited solely to that person;

the Commission shall presume the facts alleged in the complaint to be 
true and shall, upon request, issue an exclusion from entry or a cease 
and desist order, or both, limited to that person unless, after 
considering the effect of such exclusion or order upon the public health 
and welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, and United States consumers, the Commission finds that such 
exclusion or order should not be issued.
    (2) In addition to the authority of the Commission to issue a 
general exclusion from entry of articles when a respondent appears to 
contest an investigation concerning a violation of the provisions of 
this section, a general exclusion from entry of articles, regardless of 
the source or importer of the articles, may be issued if--
        (A) no person appears to contest an investigation concerning a 
    violation of the provisions of this section,
        (B) such a violation is established by substantial, reliable, 
    and probative evidence, and
        (C) the requirements of subsection (d)(2) of this section are 
    met.

(h) Sanctions for abuse of discovery and abuse of process

    The Commission may by rule prescribe sanctions for abuse of 
discovery and abuse of process to the extent authorized by Rule 11 and 
Rule 37 of the Federal Rules of Civil Procedure.

(i) Forfeiture

    (1) In addition to taking action under subsection (d) of this 
section, the Commission may issue an order providing that any article 
imported in violation of the provisions of this section be seized and 
forfeited to the United States if--
        (A) the owner, importer, or consignee of the article previously 
    attempted to import the article into the United States;
        (B) the article was previously denied entry into the United 
    States by reason of an order issued under subsection (d) of this 
    section; and
        (C) upon such previous denial of entry, the Secretary of the 
    Treasury provided the owner, importer, or consignee of the article 
    written notice of--
            (i) such order, and
            (ii) the seizure and forfeiture that would result from any 
        further attempt to import the article into the United States.

    (2) The Commission shall notify the Secretary of the Treasury of any 
order issued under this subsection and, upon receipt of such notice, the 
Secretary of the Treasury shall enforce such order in accordance with 
the provisions of this section.
    (3) Upon the attempted entry of articles subject to an order issued 
under this subsection, the Secretary of the Treasury shall immediately 
notify all ports of entry of the attempted importation and shall 
identify the persons notified under paragraph (1)(C).
    (4) The Secretary of the Treasury shall provide--
        (A) the written notice described in paragraph (1)(C) to the 
    owner, importer, or consignee of any article that is denied entry 
    into the United States by reason of an order issued under subsection 
    (d) of this section; and
        (B) a copy of such written notice to the Commission.

(j) Referral to President

    (1) If the Commission determines that there is a violation of this 
section, or that, for purposes of subsection (e) of this section, there 
is reason to believe that there is such a violation, it shall--
        (A) publish such determination in the Federal Register, and
        (B) transmit to the President a copy of such determination and 
    the action taken under subsection (d), (e), (f), (g), or (i) of this 
    section, with respect thereto, together with the record upon which 
    such determination is based.

    (2) If, before the close of the 60-day period beginning on the day 
after the day on which he receives a copy of such determination, the 
President, for policy reasons, disapproves such determination and 
notifies the Commission of his disapproval, then, effective on the date 
of such notice, such determination and the action taken under subsection 
(d), (e), (f), (g), or (i) of this section with respect thereto shall 
have no force or effect.
    (3) Subject to the provisions of paragraph (2), such determination 
shall, except for purposes of subsection (c) of this section, be 
effective upon publication thereof in the Federal Register, and the 
action taken under subsection (d), (e), (f), (g), or (i) of this 
section, with respect thereto shall be effective as provided in such 
subsections, except that articles directed to be excluded from entry 
under subsection (d) of this section or subject to a cease and desist 
order under subsection (f) of this section shall, until such 
determination becomes final, be entitled to entry under bond prescribed 
by the Secretary in an amount determined by the Commission to be 
sufficient to protect the complainant from any injury. If the 
determination becomes final, the bond may be forfeited to the 
complainant. The Commission shall prescribe the terms and conditions 
under which bonds may be forfeited under this paragraph.
    (4) If the President does not disapprove such determination within 
such 60-day period, or if he notifies the Commission before the close of 
such period that he approves such determination, then, for purposes of 
paragraph (3) and subsection (c) of this section such determination 
shall become final on the day after the close of such period or the day 
on which the President notifies the Commission of his approval, as the 
case may be.

(k) Period of effectiveness; termination of violation or modification or 
        rescission of exclusion or order

    (1) Except as provided in subsections (f) and (j) of this section, 
any exclusion from entry or order under this section shall continue in 
effect until the Commission finds, and in the case of exclusion from 
entry notifies the Secretary of the Treasury, that the conditions which 
led to such exclusion from entry or order no longer exist.
    (2) If any person who has previously been found by the Commission to 
be in violation of this section petitions the Commission for a 
determination that the petitioner is no longer in violation of this 
section or for a modification or rescission of an exclusion from entry 
or order under subsection (d), (e), (f), (g), or (i) of this section--
        (A) the burden of proof in any proceeding before the Commission 
    regarding such petition shall be on the petitioner; and
        (B) relief may be granted by the Commission with respect to such 
    petition--
            (i) on the basis of new evidence or evidence that could not 
        have been presented at the prior proceeding, or
            (ii) on grounds which would permit relief from a judgment or 
        order under the Federal Rules of Civil Procedure.

(l) Importation by or for United States

    Any exclusion from entry or order under subsection (d), (e), (f), 
(g), or (i) of this section, in cases based on a proceeding involving a 
patent, copyright, mask work, or design under subsection (a)(1) of this 
section, shall not apply to any articles imported by and for the use of 
the United States, or imported for, and to be used for, the United 
States with the authorization or consent of the Government. Whenever any 
article would have been excluded from entry or would not have been 
entered pursuant to the provisions of such subsections but for the 
operation of this subsection, an owner of the patent, copyright, mask 
work, or design adversely affected shall be entitled to reasonable and 
entire compensation in an action before the United States Court of 
Federal Claims pursuant to the procedures of section 1498 of title 28.

(m) ``United States'' defined

    For purposes of this section and sections 1338 and 1340 \1\ of this 
title, the term ``United States'' means the customs territory of the 
United States as defined in general note 2 of the Harmonized Tariff 
Schedule of the United States.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(n) Disclosure of confidential information

    (1) Information submitted to the Commission or exchanged among the 
parties in connection with proceedings under this section which is 
properly designated as confidential pursuant to Commission rules may not 
be disclosed (except under a protective order issued under regulations 
of the Commission which authorizes limited disclosure of such 
information) to any person (other than a person described in paragraph 
(2)) without the consent of the person submitting it.
    (2) Notwithstanding the prohibition contained in paragraph (1), 
information referred to in that paragraph may be disclosed to--
        (A) an officer or employee of the Commission who is directly 
    concerned with--
            (i) carrying out the investigation or related proceeding in 
        connection with which the information is submitted,
            (ii) the administration of a bond posted pursuant to 
        subsection (e), (f), or (j) of this section,
            (iii) the administration or enforcement of an exclusion 
        order issued pursuant to subsection (d), (e), or (g) of this 
        section, a cease and desist order issued pursuant to subsection 
        (f) of this section, or a consent order issued pursuant to 
        subsection (c) of this section,
            (iv) proceedings for the modification or rescission of a 
        temporary or permanent order issued under subsection (d), (e), 
        (f), (g), or (i) of this section, or a consent order issued 
        under this section, or
            (v) maintaining the administrative record of the 
        investigation or related proceeding,

        (B) an officer or employee of the United States Government who 
    is directly involved in the review under subsection (j) of this 
    section, or
        (C) an officer or employee of the United States Customs Service 
    who is directly involved in administering an exclusion from entry 
    under subsection (d), (e), or (g) of this section resulting from the 
    investigation or related proceeding in connection with which the 
    information is submitted.

(June 17, 1930, ch. 497, title III, Sec. 337, 46 Stat. 703; Proc. No. 
2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 85-686, 
Sec. 9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 93-618, title III, 
Sec. 341(a), Jan. 3, 1975, 88 Stat. 2053; Pub. L. 96-39, title I, 
Sec. 106(b)(1), title XI, Sec. 1105, July 26, 1979, 93 Stat. 193, 310; 
Pub. L. 96-417, title VI, Sec. 604, Oct. 10, 1980, 94 Stat. 1744; Pub. 
L. 97-164, title I, Secs. 160(a)(5), 163(a)(4), Apr. 2, 1982, 96 Stat. 
48, 49; Pub. L. 98-620, title IV, Sec. 413, Nov. 8, 1984, 98 Stat. 3362; 
Pub. L. 100-418, title I, Secs. 1214(h)(3), 1342(a), (b), Aug. 23, 1988, 
102 Stat. 1157, 1212, 1215; Pub. L. 100-647, title IX, Sec. 9001(a)(7), 
(12), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 102-563, Sec. 3(d), Oct. 
28, 1992, 106 Stat. 4248; Pub. L. 103-465, title II, 
Sec. 261(d)(1)(B)(ii), title III, Sec. 321(a), Dec. 8, 1994, 108 Stat. 
4909, 4943; Pub. L. 104-295, Sec. 20(b)(11), (12), (c)(2), Oct. 11, 
1996, 110 Stat. 3527, 3528; Pub. L. 106-113, div. B, Sec. 1000(a)(9) 
[title V, Sec. 5005(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)

                       References in Text

    The Trademark Act of 1946, referred to in subsec. (a)(1)(C), is act 
July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as 
the Lanham Act, which is classified generally to chapter 22 (Sec. 1051 
et seq.) of Title 15, Commerce and Trade. For complete classification of 
this Act to the Code, see Short Title note set out under section 1051 of 
Title 15 and Tables.
    The Federal Rules of Civil Procedure, referred to in subsecs. 
(e)(3), (h), and (k)(2)(B)(ii), are set out in the Appendix to Title 28, 
Judiciary and Judicial Procedure.
    Section 1340 of this title, referred to in subsec. (m), was omitted 
from the Code.
    The Harmonized Tariff Schedule of the United States, referred to in 
subsec. (m), is not set out in the Code. See Publication of Harmonized 
Tariff Schedule note set out under section 1202 of this title.

                          Codification

    The reference to the Philippine Islands, formerly contained in 
subsec. (k), was omitted because of independence of the Philippines 
proclaimed by the President of the United States in Proc. No. 2695, 
issued pursuant to section 1394 of Title 22, Foreign Relations and 
Intercourse, and set out as a note thereunder.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title III, Sec. 316, 42 Stat. 943. That section 
was superseded by section 337 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.


                               Amendments

    1999--Subsec. (a)(1)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title V, 
Sec. 5005(b)(1)(A)(i)], substituted ``(D), and (E)'' for ``and (D)''.
    Subsec. (a)(1)(E). Pub. L. 106-113, Sec. 1000(a)(9) [title V, 
Sec. 5005(b)(1)(A)(ii)], added subpar. (E).
    Subsec. (a)(2), (3). Pub. L. 106-113, Sec. 1000(a)(9) [title V, 
Sec. 5005(b)(1)(B)], substituted ``mask work, or design'' for ``or mask 
work''.
    Subsec. (l). Pub. L. 106-113, Sec. 1000(a)(9) [title V, 
Sec. 5005(b)(2)], substituted ``mask work, or design'' for ``or mask 
work'' in two places.
    1996--Subsec. (b)(3). Pub. L. 104-295, Sec. 20(c)(2), amended Pub. 
L. 103-465, Sec. 321(a)(1)(C)(i). See 1994 Amendment note below.
    Pub. L. 104-295, Sec. 20(b)(12), struck out ``such section and'' 
before ``such part II'' in first sentence.
    Pub. L. 104-295, Sec. 20(b)(11), amended Pub. L. 103-465, 
Sec. 261(d)(1)(B)(ii)(I). See 1994 Amendment note below.
    1994--Subsec. (b). Pub. L. 103-465, Sec. 321(a)(1)(A), struck out 
``; time limits'' after ``Commission'' in heading.
    Subsec. (b)(1). Pub. L. 103-465, Sec. 321(a)(1)(B), substituted 
third and fourth sentences for ``The Commission shall conclude any such 
investigation, and make its determination under this section, at the 
earliest practicable time, but not later than one year (18 months in 
more complicated cases) after the date of publication of notice of such 
investigation. The Commission shall publish in the Federal Register its 
reasons for designating any investigation as a more complicated 
investigation. For purposes of the one-year and 18-month periods 
prescribed by this subsection, there shall be excluded any period of 
time during which such investigation is suspended because of proceedings 
in a court or agency of the United States involving similar questions 
concerning the subject matter of such investigation.''
    Subsec. (b)(3). Pub. L. 103-465, Sec. 321(a)(1)(C)(ii), struck out 
after fourth sentence ``For purposes of computing the 1-year or 18-month 
periods prescribed by this subsection, there shall be excluded such 
period of suspension.''
    Pub. L. 103-465, Sec. 321(a)(1)(C)(i), as amended by Pub. L. 104-
295, Sec. 20(c)(2), in first sentence, made technical amendment to 
reference in original act which appears in text as reference to ``such 
part II''.
    Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(II)-(V), in second sentence, 
struck out ``1303,'' after ``purview of section'' and comma after 
``1671'' and made technical amendment to references to sections 1671 and 
1673 of this title to correct references to corresponding sections of 
original act, in third sentence, substituted ``1671'' for ``1303, 
1671,'', and in last sentence, struck out ``of the Secretary under 
section 1303 of this title or'' after ``Any final decision'' and 
substituted ``1671 or'' for ``1303, 1671, or''.
    Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(I), as amended by Pub. L. 
104-295, Sec. 20(b)(11), in first sentence, struck out reference to 
section 1303 of this title after ``within the purview'' and made 
technical amendment to reference to part II of subtitle IV of this 
chapter by substituting in the original ``of subtitle B of title VII of 
this Act'' for ``of section 303 or of subtitle B of title VII of the 
Tariff Act of 1930''.
    Subsec. (c). Pub. L. 103-465, Sec. 321(a)(2), in first sentence, 
substituted ``an agreement between the private parties to the 
investigation, including an agreement to present the matter for 
arbitration'' for ``a settlement agreement'', inserted after third 
sentence ``A respondent may raise any counterclaim in a manner 
prescribed by the Commission. Immediately after a counterclaim is 
received by the Commission, the respondent raising such counterclaim 
shall file a notice of removal with a United States district court in 
which venue for any of the counterclaims raised by the party would exist 
under section 1391 of title 28. Any counterclaim raised pursuant to this 
section shall relate back to the date of the original complaint in the 
proceeding before the Commission. Action on such counterclaim shall not 
delay or affect the proceeding under this section, including the legal 
and equitable defenses that may be raised under this subsection.'', and 
inserted at end ``Determinations by the Commission under subsections 
(e), (f), and (j) of this section with respect to forfeiture of bonds 
and under subsection (h) of this section with respect to the imposition 
of sanctions for abuse of discovery or abuse of process shall also be 
reviewable in accordance with section 706 of title 5.''
    Subsec. (d). Pub. L. 103-465, Sec. 321(a)(5)(A), designated existing 
provisions as par. (1), substituted ``there is a violation'' for ``there 
is violation'' in first sentence, and added par. (2).
    Subsec. (e)(1). Pub. L. 103-465, Sec. 321(a)(3)(A), in last 
sentence, substituted ``prescribed by the Secretary in an amount 
determined by the Commission to be sufficient to protect the complainant 
from any injury. If the Commission later determines that the respondent 
has violated the provisions of this section, the bond may be forfeited 
to the complainant.'' for ``determined by the Commission and prescribed 
by the Secretary.''
    Subsec. (e)(2). Pub. L. 103-465, Sec. 321(a)(3)(B), inserted at end 
``If the Commission later determines that the respondent has not 
violated the provisions of this section, the bond may be forfeited to 
the respondent.''
    Subsec. (e)(4). Pub. L. 103-465, Sec. 321(a)(3)(C), added par. (4).
    Subsec. (f)(1). Pub. L. 103-465, Sec. 321(a)(4), inserted at end 
``If a temporary cease and desist order is issued in addition to, or in 
lieu of, an exclusion order under subsection (e) of this section, the 
Commission may require the complainant to post a bond, in an amount 
determined by the Commission to be sufficient to protect the respondent 
from any injury, as a prerequisite to the issuance of an order under 
this subsection. If the Commission later determines that the respondent 
has not violated the provisions of this section, the bond may be 
forfeited to the respondent. The Commission shall prescribe the terms 
and conditions under which the bonds may be forfeited under this 
paragraph.''
    Subsec. (g)(2)(C). Pub. L. 103-465, Sec. 321(a)(5)(B), added subpar. 
(C).
    Subsec. (j)(3). Pub. L. 103-465, Sec. 321(a)(6), substituted 
``shall, until such determination becomes final, be entitled to entry 
under bond prescribed by the Secretary in an amount determined by the 
Commission to be sufficient to protect the complainant from any injury. 
If the determination becomes final, the bond may be forfeited to the 
complainant. The Commission shall prescribe the terms and conditions 
under which bonds may be forfeited under this paragraph.'' for ``shall 
be entitled to entry under bond determined by the Commission and 
prescribed by the Secretary until such determination becomes final.''
    Subsec. (l). Pub. L. 103-465, Sec. 321(a)(8), substituted ``Court of 
Federal Claims'' for ``Claims Court''.
    Subsec. (n)(2)(A). Pub. L. 103-465, Sec. 321(a)(7)(A), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``an officer or employee of the Commission who is directly concerned 
with carrying out the investigation in connection with which the 
information is submitted,''.
    Subsec. (n)(2)(C). Pub. L. 103-465, Sec. 321(a)(7)(B), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``an officer or employee of the United States Customs Service who is 
directly involved in administering an exclusion from entry under this 
section resulting from the investigation in connection with which the 
information is submitted.''
    1992--Subsec. (b)(3). Pub. L. 102-563 amended second sentence 
generally. Prior to amendment, second sentence read as follows: ``If the 
Commission has reason to believe the matter before it is based solely on 
alleged acts and effects which are within the purview of section 1303, 
1671, or 1673 of this title, it shall terminate, or not institute, any 
investigation into the matter.''
    1988--Subsec. (a). Pub. L. 100-418, Sec. 1342(a)(1), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: ``Unfair 
methods of competition and unfair acts in the importation of articles 
into the United States, or in their sale by the owner, importer, 
consignee, or agent of either, the effect or tendency of which is to 
destroy or substantially injure an industry, efficiently and 
economically operated, in the United States, or to prevent the 
establishment of such an industry, or to restrain or monopolize trade 
and commerce in the United States, are declared unlawful, and when found 
by the Commission to exist shall be dealt with, in addition to any other 
provisions of law, as provided in this section.''
    Subsec. (b)(2). Pub. L. 100-418, Sec. 1342(b)(1)(A), substituted 
``Department of Health and Human Services'' for ``Department of Health, 
Education, and Welfare''.
    Subsec. (b)(3). Pub. L. 100-418, Sec. 1342(b)(1)(B), substituted 
``Secretary of Commerce'' for ``Secretary of the Treasury''.
    Subsec. (c). Pub. L. 100-418, Sec. 1342(a)(2), inserted before 
period at end of first sentence ``, except that the Commission may, by 
issuing a consent order or on the basis of a settlement agreement, 
terminate any such investigation, in whole or in part, without making 
such a determination''.
    Pub. L. 100-418, Sec. 1342(b)(2), inserted reference to subsec. (g) 
in two places.
    Subsec. (e). Pub. L. 100-418, Sec. 1342(a)(3), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (f)(1). Pub. L. 100-418, Sec. 1342(a)(4)(A), substituted 
``In addition to, or in lieu of,'' for ``In lieu of''.
    Subsec. (f)(2). Pub. L. 100-418, Sec. 1342(a)(4)(B), substituted 
``$100,000 or twice'' for ``$10,000 or''.
    Subsecs. (g) to (i). Pub. L. 100-418, Sec. 1342(a)(5), added 
subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to (l), 
respectively.
    Subsec. (j). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated 
former subsec. (g) as (j). Former subsec. (j) redesignated (m).
    Subsec. (j)(1)(B), (2), (3). Pub. L. 100-418, Sec. 1342(b)(3), 
inserted reference to subsecs. (g) and (i).
    Subsec. (k). Pub. L. 100-418, Sec. 1342(b)(4), which directed the 
substitution ``(j)'' for ``(g)'' was executed by making that 
substitution in par. (1) and not in par. (2), as added by Pub. L. 100-
418, Sec. 1342(a)(6), to reflect the probable intent of Congress.
    Pub. L. 100-418, Sec. 1342(a)(6), as amended by Pub. L. 100-647, 
Sec. 9001(a)(7), designated existing provisions as par. (1) and added 
par. (2).
    Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated former subsec. (h) 
as (k).
    Subsec. (l). Pub. L. 100-418, Sec. 1342(b)(5), inserted reference to 
subsecs. (g) and (i).
    Pub. L. 100-418, Sec. 1342(a)(7), substituted ``a proceeding 
involving a patent, copyright, or mask work under subsection (a)(1)'' 
for ``claims of United States letters patent'' and ``an owner of the 
patent, copyright, or mask work'' for ``a patent owner''.
    Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated former subsec. (i) 
as (l).
    Subsec. (m). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated 
former subsec. (j) as (m).
    Pub. L. 100-418, Sec. 1214(h)(3), substituted ``general note 2 of 
the Harmonized Tariff Schedule of the United States'' for ``general 
headnote 2 of the Tariff Schedules of the United States''.
    Subsec. (n). Pub. L. 100-418, Sec. 1342(a)(8), added subsec. (n).
    Subsec. (n)(2)(B). Pub. L. 100-647, Sec. 9001(a)(12), substituted 
``subsection (j)'' for ``subsection (h)''.
    1984--Subsec. (c). Pub. L. 98-620 inserted ``, within 60 days after 
the determination becomes final,'' after ``appeal such determination''.
    1982--Subsec. (c). Pub. L. 97-164, Sec. 163(a)(4), substituted 
``Court of Appeals for the Federal Circuit'' for ``Court of Customs and 
Patent Appeals''.
    Subsec. (i). Pub. L. 97-164, Sec. 160(a)(5), substituted ``United 
States Claims Court'' for ``Court of Claims''.
    1980--Subsec. (c). Pub. L. 96-417 provided that the appeal of 
determinations to the United States Court of Customs and Patent Appeals 
be reviewed in accordance with chapter 7 of title 5 and substituted 
provision that review of findings concerning the public health and 
welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, and United States consumers, the amount and nature of bond, or 
the appropriate remedy, be in accordance with section 706 of title 5 for 
provision giving such court jurisdiction to review determinations in 
same manner and subject to same limitations and conditions as in case of 
appeals from decisions of the United States Customs Court.
    1979--Subsec. (b)(3). Pub. L. 96-39, Sec. 1105(a), substituted ``a 
matter, in whole or in part,'' for ``the matter'' and inserted 
provisions relating to matters based solely or in part on alleged acts 
and effects within the purview of section 1303, 1671, or 1673 of this 
title.
    Pub. L. 96-39, Sec. 106(b)(1), substituted ``part II of subtitle IV 
of this chapter'' for ``the Antidumping Act, 1921''.
    Subsec. (c). Pub. L. 96-39, Sec. 1105(c), substituted ``Any person 
adversely affected by a final determination of the Commission under 
subsection (d), (e), or (f) of this section'' for ``Any person adversely 
affected by a final determination of the Commission under subsection (d) 
or (e) of this section''.
    Subsec. (f). Pub. L. 96-39, Sec. 1105(b), designated existing 
provisions as par. (1) and added par. (2).
    1975--Subsec. (a) Pub. L. 93-618 substituted ``Commission'' for 
``President'' and ``as provided in this section'' for ``as hereinafter 
provided''.
    Subsec. (b). Pub. L. 93-618 designated existing provisions as first 
sentence of par. (1), substituted ``The Commission shall investigate any 
alleged violation of this section'' for ``To assist the President in 
making any decisions under this section the commission is authorized to 
investigate any alleged violation hereof'' in first sentence of par. (1) 
as so designated, and added remainder of par. (1) and pars. (2) and (3).
    Subsec. (c). Pub. L. 93-618 substituted provisions covering 
determinations by the Commission and appeals to the United States Court 
of Customs and Patent Appeals for provisions covering all aspects of 
hearings and review as part of investigations of unfair practices in 
import trade.
    Subsec. (d). Pub. L. 93-618 substituted provisions covering the 
exclusion of articles from entry, formerly covered in subsec. (e), for 
provisions directing that final findings of the Commission be 
transmitted with the record to the President, covered by subsec. (g).
    Subsec. (e). Pub. L. 93-618 substituted provisions covering the 
entry of articles under bond during investigation, formerly covered in 
subsec. (f), for provisions covering the exclusion of articles from 
entry, covered by subsec. (d).
    Subsec. (f). Pub. L. 93-618 added subsec. (f). Provisions of former 
subsec. (f) covering entry of articles under bond are covered by subsec. 
(e).
    Subsec. (g). Pub. L. 93-618 substituted provisions covering referral 
to the President, formerly covered by subsec. (d), for provisions 
covering the continuance of exclusion, covered by subsec. (h).
    Subsec. (h). Pub. L. 93-618 substituted provisions covering the 
period of effectiveness, formerly covered by subsec. (g), for provisions 
defining ``United States'', covered by subsec. (j).
    Subsec. (i). Pub. L. 93-618 added subsec. (i).
    Subsec. (j). Pub. L. 93-618 added subsec. (j) defining ``United 
States'', formerly covered by subsec. (h).
    1958--Subsec. (c). Pub. L. 85-686 struck out ``under and in 
accordance with such rules as it may promulgate'' after ``commission 
shall make such investigation''. See section 1335 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 261(d)(1)(B)(ii) of Pub. L. 103-465 effective 
on effective date of title II of Pub. L. 103-465, Jan. 1, 1995, see 
section 261(d)(2) of Pub. L. 103-465, set out as a note under section 
1315 of this title.
    Section 322 of title III of Pub. L. 103-465 provided that: ``The 
amendments made by this subtitle [subtitle C (Secs. 321, 322) of title 
III of Pub. L. 103-465, enacting sections 1368 and 1659 of Title 28, 
Judiciary and Judicial Procedure, and amending this section and section 
1446 of Title 28] apply--
        ``(1) with respect to complaints filed under section 337 of the 
    Tariff Act of 1930 [19 U.S.C. 1337] on or after the date on which 
    the WTO Agreement enters into force with respect to the United 
    States [Jan. 1, 1995], or
        ``(2) in cases under such section 337 in which no complaint is 
    filed, with respect to investigations initiated under such section 
    on or after such date.''


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-647 applicable as if such amendment took 
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out 
as an Effective and Termination Dates of 1988 Amendments note under 
section 58c of this title.
    Amendment by section 1214(h)(3) of Pub. L. 100-418 effective Jan. 1, 
1989, and applicable with respect to articles entered on or after such 
date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective 
Date note under section 3001 of this title.
    Section 1342(d) of Pub. L. 100-418 provided that:
    ``(1)(A) Subject to subparagraph (B), the amendments made by this 
section [amending this section and repealing section 1337a of this 
title] shall take effect on the date of the enactment of this Act [Aug. 
23, 1988].
    ``(B) The United States International Trade Commission is not 
required to apply the provision in section 337(e)(2) of the Tariff Act 
of 1930 [19 U.S.C. 1337(e)(2)] (as amended by subsection (a)(3) of this 
section) relating to the posting of bonds until the earlier of--
        ``(i) the 90th day after such date of enactment; or
        ``(ii) the day on which the Commission issues interim 
    regulations setting forth the procedures relating to such posting.
    ``(2) Notwithstanding any provision of section 337 of the Tariff Act 
of 1930, the United States International Trade Commission may extend, by 
not more than 90 days, the period within which the Commission is 
required to make a determination in an investigation conducted under 
such section 337 if--
        ``(A) the Commission would, but for this paragraph, be required 
    to make such determination before the 180th day after the date of 
    enactment of this Act; and
        ``(B) the Commission finds that the investigation is 
    complicated.''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-417 applicable with respect to civil actions 
commenced on or after Nov. 1, 1980, see section 701(b)(2) of Pub. L. 96-
417, set out as a note under section 251 of Title 28, Judiciary and 
Judicial Procedure.


                    Effective Date of 1979 Amendment

    Amendment by section 106(b)(1) of Pub. L. 96-39 effective Jan. 1, 
1980, see section 107 of Pub. L. 96-39, set out as an Effective Date 
note under section 1671 of this title.
    Amendment by section 1105 of Pub. L. 96-39 effective July 26, 1979, 
see section 1114 of Pub. L. 96-39, set out as an Effective Date note 
under section 2581 of this title.


                    Effective Date of 1975 Amendment

    Section 341(c) of Pub. L. 93-618 provided that: ``The amendments 
made by this section [amending this section and section 1337 of this 
title] shall take effect on the 90th day after the date of the enactment 
of this Act [Jan. 3, 1975], except that, for purposes of issuing 
regulations under section 337 of the Tariff Act of 1930 [this section], 
such amendments shall take effect on the date of the enactment of this 
Act [Jan. 3, 1975]. For purposes of applying section 337(b) of the 
Tariff Act of 1930 [subsec. (b) of this section] (as amended by 
subsection (a) [as amended by section 341(a) of Pub. L. 93-618]) with 
respect to investigations being conducted by the International Trade 
Commission under section 337 of the Tariff Act [this section] on the day 
prior to the 90th day after the date of the enactment of this Act [Jan. 
3, 1975], such investigations shall be considered as having been 
commenced on such 90th day.''

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
United States Customs Service of the Department of the Treasury, 
including functions of the Secretary of the Treasury relating thereto, 
to the Secretary of Homeland Security, and for treatment of related 
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.


Congressional Findings and Purposes Respecting Part 3 of Pub. L. 100-418

    Section 1341 of Pub. L. 100-418 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) United States persons that rely on protection of 
    intellectual property rights are among the most advanced and 
    competitive in the world; and
        ``(2) the existing protection under section 337 of the Tariff 
    Act of 1930 [this section] against unfair trade practices is 
    cumbersome and costly and has not provided United States owners of 
    intellectual property rights with adequate protection against 
    foreign companies violating such rights.
    ``(b) Purpose.--The purpose of this part [part 3 (Secs. 1341, 1342) 
of subtitle C of title I of Pub. L. 100-418, amending this section, 
repealing section 1337a of this title, and enacting provisions set out 
as a note above] is to amend section 337 of the Tariff Act of 1930 to 
make it a more effective remedy for the protection of United States 
intellectual property rights.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1332, 1339, 1514, 2171, 2252 
of this title; title 6 section 215; title 17 sections 910, 1328; title 
28 sections 1295, 1368, 1446, 1659.