Title 19 — Customs Duties

Part II · Chapter 4 — Tariff Act of 1930

§ 1337. Unfair practices in import trade

Statutory text

Unlawful activities; covered industries; definitions

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:

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—

to destroy or substantially injure an industry in the United States;

to prevent the establishment of such an industry; or

to restrain or monopolize trade and commerce in the United States.

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 patent or a valid and enforceable United States copyright registered under title 17; or

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.

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.].

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.

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.

Subparagraphs (B), (C), (D), and (E) 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.

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—

significant investment in plant and equipment;

significant employment of labor or capital; or

substantial investment in its exploitation, including engineering, research and development, or licensing.

For the purposes of this section, the phrase “owner, importer, or consignee” includes any agent of the owner, importer, or consignee.

Investigation of violations by Commission

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.

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.

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.

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) 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) 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) 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) with respect to forfeiture of bonds and under subsection (h) 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.

Exclusion of articles from entry

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.

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 general exclusion from entry of articles is necessary to prevent circumvention of an exclusion order limited to products of named persons; or

there is a pattern of violation of this section and it is difficult to identify the source of infringing products.

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

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.

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.

The Commission may grant preliminary relief under this subsection or subsection (f) to the same extent as preliminary injunctions and temporary restraining orders may be granted under the Federal Rules of Civil Procedure.

The Commission shall prescribe the terms and conditions under which bonds may be forfeited under paragraphs (1) and (2).

Cease and desist orders; civil penalty for violation of orders

In addition to, or in lieu of, taking action under subsection (d) or (e), 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), 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), 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.

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.

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

If—

a complaint is filed against a person under this section;

the complaint and a notice of investigation are served on the person;

the person fails to respond to the complaint and notice or otherwise fails to appear to answer the complaint and notice;

the person fails to show good cause why the person should not be found in default; and

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.

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—

no person appears to contest an investigation concerning a violation of the provisions of this section,

such a violation is established by substantial, reliable, and probative evidence, and

the requirements of subsection (d)(2) are met.

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.

Forfeiture

In addition to taking action under subsection (d), 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—

the owner, importer, or consignee of the article previously attempted to import the article into the United States;

the article was previously denied entry into the United States by reason of an order issued under subsection (d); and

upon such previous denial of entry, the Secretary of the Treasury provided the owner, importer, or consignee of the article written notice of—

such order, and

the seizure and forfeiture that would result from any further attempt to import the article into the United States.

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.

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).

The Secretary of the Treasury shall provide—

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); and

a copy of such written notice to the Commission.

Referral to President

If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall—

publish such determination in the Federal Register, and

transmit to the President a copy of such determination and the action taken under subsection (d), (e), (f), (g), or (i), with respect thereto, together with the record upon which such determination is based.

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) with respect thereto shall have no force or effect.

Subject to the provisions of paragraph (2), such determination shall, except for purposes of subsection (c), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), (f), (g), or (i), with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) 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.

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) 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.

Period of effectiveness; termination of violation or modification or rescission of exclusion or order

Except as provided in subsections (f) and (j), 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.

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)—

the burden of proof in any proceeding before the Commission regarding such petition shall be on the petitioner; and

relief may be granted by the Commission with respect to such petition—

on the basis of new evidence or evidence that could not have been presented at the prior proceeding, or

on grounds which would permit relief from a judgment or order under the Federal Rules of Civil Procedure.

Importation by or for United States

Any exclusion from entry or order under subsection (d), (e), (f), (g), or (i), in cases based on a proceeding involving a patent, copyright, mask work, or design under subsection (a)(1), 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.

“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.

Disclosure of confidential information

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.

Notwithstanding the prohibition contained in paragraph (1), information referred to in that paragraph may be disclosed to—

an officer or employee of the Commission who is directly concerned with—

carrying out the investigation or related proceeding in connection with which the information is submitted,

the administration of a bond posted pursuant to subsection (e), (f), or (j),

the administration or enforcement of an exclusion order issued pursuant to subsection (d), (e), or (g), a cease and desist order issued pursuant to subsection (f), or a consent order issued pursuant to subsection (c),

proceedings for the modification or rescission of a temporary or permanent order issued under subsection (d), (e), (f), (g), or (i), or a consent order issued under this section, or

maintaining the administrative record of the investigation or related proceeding,

an officer or employee of the United States Government who is directly involved in the review under subsection (j), or

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) resulting from the investigation or related proceeding in connection with which the information is submitted.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1930
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1337
June 17, 1930, ch. 497, title III, § 337, 46 Stat. 703
Source evidence
Code source credit
June 17, 1930, ch. 497, title III, § 337, 46 Stat. 703
1958
Trade Agreements Extension Act of 1958
Pub. L. 85–686 § 9(c)(1) · 72 Stat. 673
Struck · 19 U.S.C. § 1337(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) Subsection (a) of section 336 of the Tariff Act of 1930 (19 U. S. C., sec. 1336 (a)) is amended by striking out the third 46 Stat. 701. Hearings. 46 Stat. 703. sentence thereof. The first sentence of subsection (c) of section 337 of the Tariff Act of 1930 (19 U. S. C., sec. 1337 (c)) is amended by striking out “under and in accordance with such rules as it may promulgate”.
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
1. Substituted · 19 U.S.C. § 1337(a)
  Pub. L. 93–618 substituted “Commission” for “President”
2. Substituted · 19 U.S.C. § 1337(a)
  Pub. L. 93–618 substituted “as provided in this section” for “as hereinafter provided”
Source evidence
Code amendment note
Subsec. (a) Pub. L. 93–618 substituted “Commission” for “President” and “as provided in this section” for “as hereinafter provided”.
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
1. Amended · 19 U.S.C. § 1337(b)
  Pub. L. 93–618 designated existing provisions as first sentence of par. (1)
2. Substituted · 19 U.S.C. § 1337(b)
  Pub. L. 93–618 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
3. Added · 19 U.S.C. § 1337(b)
  Pub. L. 93–618 added remainder of par. (1) and pars. (2) and (3)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1337(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1337(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)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1337(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)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Added · 19 U.S.C. § 1337(f)
Pub. L. 93–618 added subsec. (f). Provisions of former subsec. (f) covering entry of articles under bond are covered by subsec. (e)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1337(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)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1337(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)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Added · 19 U.S.C. § 1337(i)
Pub. L. 93–618 added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 93–618 added subsec. (i).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1975
Trade Act of 1974
Pub. L. 93–618 title III § 341(a) · 88 Stat. 1978
Added · 19 U.S.C. § 1337(j)
Pub. L. 93–618 added subsec. (j) defining “United States”, formerly covered by subsec. (h)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 93–618 added subsec. (j) defining “United States”, formerly covered by subsec. (h).
Enacted provision · exact public law section
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: “SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. “(a) Unfair Methods of Competition Declared Unlawful.— 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. “(b) Investigations of Violations by Commission; Time Limits.— (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing Publication in Federal Register. 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 Publication in Federal Register 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. “(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, Education, and Welfare, 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 the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. “(c) Determinations; Review.— The Commission shall determine, with respect to each investigation conducted by it under this section, Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. “(d) Exclusion of Articles From Entry.— If the Commission determines, as a result of an investigation under this section, that there is 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. “(e) Exclusion of Articles From Entry During Investigation Except Under Bond.— 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 determined by the Commission and prescribed by the Secretary. “(f) Cease and Desist Orders.— In lieu of taking action under subsection (d) or (e), the Commission may issue arid 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), as the case may be. “(g) Referral to the President.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— “(A) publish such determination in the Federal Register, and Publication in Federal Register. “(B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), 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),or (f) 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), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final. “(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) 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 lie. “(h) Period of Effectiveness.— Except as provided in subsections (f) and (g), 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. “(i) Importations by or for the United States.— Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, 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, a patent owner adversely affected shall be entitled to reasonable and entire compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code. “(j) Definition of United States.— For purposes of this section 19 USC 1338, 1340. and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”
1979
Trade Agreements Act of 1979
Pub. L. 96–39 § 1105(a) · 93 Stat. 144
1. Substituted · 19 U.S.C. § 1337(b)(3)
  Pub. L. 96–39, § 1105(a), substituted “a matter, in whole or in part,” for “the matter”
2. Inserted · 19 U.S.C. § 1337(b)(3)
  Pub. L. 96–39, § 1105(a), 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
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 96–39, § 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.
Enacted provision · exact public law section
(a) Relationship to Countervailing and Antidumping Duty Investigations.— Paragraph (3) of section 337(b) of the Tariff Act of 1930 (19 U.S.C. 1337) is amended— (1) by striking out “the matter” and inserting in lieu thereof “a matter, in whole or in part,”, and (2) by adding at the end thereof the following: “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 19 USC 1303; Ante, pp. 151, 162. 303, 701, or 731 of this Act, it 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 303, 701, or 731 of this Act, 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 771(1) of this Act) Ante, p. 176. 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. For purposes of computing the 1-year or 18-month periods prescribed by this subsection, there shall be excluded such period of suspension. Any final decision of the Secretary under section 19 USC 1303. Ante, pp. 151, 162. 303 of this Act or by the administering authority under section 701 or 731 of this Act with respect to the matter within such section 303, 701, or 731 of which the Commission has notified the Secretary or administering authority shall be conclusive upon the Commission with respect to the issue of lessthan-fair-value sales or subsidization and the matters necessary for such decision.”.
1979
Trade Agreements Act of 1979
Pub. L. 96–39 § 106(b)(1) · 93 Stat. 144
Substituted · 19 U.S.C. § 1337(b)(3)
Pub. L. 96–39, § 106(b)(1), substituted “part II of subtitle IV of this chapter” for “the Antidumping Act, 1921”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–39, § 106(b)(1), substituted “part II of subtitle IV of this chapter” for “the Antidumping Act, 1921”.
Enacted provision · exact public law section
(1) Section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C. 1337(b)(3)) is amended by striking out “the Antidumping Act, 1921” and inserting in lieu thereof “subtitle B of title VII of the Tariff Act of 1930”.
1979
Trade Agreements Act of 1979
Pub. L. 96–39 § 1105(c) · 93 Stat. 144
Substituted · 19 U.S.C. § 1337(c)
Pub. L. 96–39, § 1105(c), substituted “Any person adversely affected by a final determination of the Commission under subsection (d), (e), or (f)” for “Any person adversely affected by a final determination of the Commission under subsection (d) or (e)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–39, § 1105(c), substituted “Any person adversely affected by a final determination of the Commission under subsection (d), (e), or (f)” for “Any person adversely affected by a final determination of the Commission under subsection (d) or (e)”.
Enacted provision · exact public law section
(c) Conforming Amendment.— The fourth sentence of section 337(c) of such Act (19 U.S.C. 1337(c)) is amended by striking out “(d) or (e)” and inserting in lieu thereof “(d), (e), or (f)”.
1979
Trade Agreements Act of 1979
Pub. L. 96–39 § 1105(b) · 93 Stat. 144
1. Amended · 19 U.S.C. § 1337(f)
  Pub. L. 96–39, § 1105(b), designated existing provisions as par. (1)
2. Added · 19 U.S.C. § 1337(f)
  Pub. L. 96–39, § 1105(b), added par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–39, § 1105(b), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(b) Civil Penalty for Violation of Order.— Subsection (f) of section 337 of such Act (19 U.S.C. 1337(f)) is amended by inserting “(1)” before “In lieu of”, and by adding at the end thereof the following new 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 $10,000 or 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.”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 title VI § 604 · 94 Stat. 1727
Substituted · 19 U.S.C. § 1337(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 604. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is amended— (1) by inserting “for review in accordance with chapter 7 of title 5 USC 701 et seq. 5, United States Code” immediately before the period at the end of the fourth sentence; and (2) by striking out the last sentence and inserting in lieu thereof the following new sentence: “Notwithstanding the foregoing provisions of this subsection, Commission determinations under subsections (d), (e), and (f) 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, United States Code.”.
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 § 163(a)(4) · 96 Stat. 25
Substituted · 19 U.S.C. § 1337(c)
Pub. L. 97–164, § 163(a)(4), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–164, § 163(a)(4), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Enacted provision · exact public law section
(4) Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)).
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 § 160(a)(5) · 96 Stat. 25
Substituted · 19 U.S.C. § 1337(i)
Pub. L. 97–164, § 160(a)(5), substituted “United States Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 97–164, § 160(a)(5), substituted “United States Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(5) Section 337(i) of the Tariff Act of 1930 (19 U.S.C. 1337(i)).
1984
Technical Amendments to the Federal Courts Improvement Act of 1982
Pub. L. 98–620 title IV § 413 · 98 Stat. 3335
Inserted · 19 U.S.C. § 1337(c)
Pub. L. 98–620 inserted “, within 60 days after the determination becomes final,” after “appeal such determination”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–620 inserted “, within 60 days after the determination becomes final,” after “appeal such determination”.
Enacted provision · exact public law section
Sec. 413. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is amended in the fourth sentence by inserting “, within 60 days after the determination becomes final,” after “appeal such determination”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(1) · 102 Stat. 1107
Amended · 19 U.S.C. § 1337(a)
Pub. L. 100–418, § 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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–418, § 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.”
Enacted provision · exact public law section
(1) Subsection (a) is amended to read as follows: “(a) (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), and (D)) 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, United States Code; 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. “(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, United States Code. “(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, or mask work 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, or mask work 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.”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(1)(A) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(b)(2)
Pub. L. 100–418, § 1342(b)(1)(A), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 100–418, § 1342(b)(1)(A), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.
Enacted provision · exact public law section
(A) by striking out “Department of Health, Education, and Welfare” in paragraph (2) and inserting “Department of Health and Human Services”; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(1)(B) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(b)(3)
Pub. L. 100–418, § 1342(b)(1)(B), substituted “Secretary of Commerce” for “Secretary of the Treasury”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 100–418, § 1342(b)(1)(B), substituted “Secretary of Commerce” for “Secretary of the Treasury”.
Enacted provision · exact public law section
(B) by striking out “Secretary of the Treasury” in paragraph (3) and inserting “Secretary of Commerce”;
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(2) · 102 Stat. 1107
Inserted · 19 U.S.C. § 1337(c)
Pub. L. 100–418, § 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”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–418, § 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”.
Enacted provision · exact public law section
(2) Subsection (c) is amended by inserting before the period in the first sentence the following: “, 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”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(2) · 102 Stat. 1107
Inserted · 19 U.S.C. § 1337(c)
Pub. L. 100–418, § 1342(b)(2), inserted reference to subsec. (g) in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1342(b)(2), inserted reference to subsec. (g) in two places.
Enacted provision · exact public law section
(2) by amending subsection (c)— (A) by striking out “or (f)” and inserting “(f), or (g)”, and (B) by striking out “and (f)” and inserting “(f), and (g)”;
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(3) · 102 Stat. 1107
1. Amended · 19 U.S.C. § 1337(e)
  Pub. L. 100–418, § 1342(a)(3), designated existing provisions as par. (1)
2. Added · 19 U.S.C. § 1337(e)
  Pub. L. 100–418, § 1342(a)(3), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–418, § 1342(a)(3), designated existing provisions as par. (1) and added pars. (2) and (3).
Enacted provision · exact public law section
(3) Subsection (e) is amended— (A) by striking out “If” in the first sentence and inserting “(1) If”; and (B) by adding at the end thereof the following new paragraphs: “(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, publication. 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. “(3) The Commission may grant preliminary relief under this subsection or subsection (f) to the same extent as preliminary injunctions and temporary restraining orders may be granted under the Federal Rules of Civil Procedure.”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(4)(A) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(f)(1)
Pub. L. 100–418, § 1342(a)(4)(A), substituted “In addition to, or in lieu of,” for “In lieu of”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 100–418, § 1342(a)(4)(A), substituted “In addition to, or in lieu of,” for “In lieu of”.
Enacted provision · exact public law section
(A) by striking out “In lieu of” in paragraph (1) and inserting “In addition to, or in lieu of,”; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(4)(B) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(f)(2)
Pub. L. 100–418, § 1342(a)(4)(B), substituted “$100,000 or twice” for “$10,000 or”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 100–418, § 1342(a)(4)(B), substituted “$100,000 or twice” for “$10,000 or”.
Enacted provision · exact public law section
(B) by striking out “$10,000 or” in paragraph (2) and inserting “$100,000 or twice”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(5) · 102 Stat. 1107
Redesignated · 19 U.S.C. § 1337(g)(i)
Pub. L. 100–418, § 1342(a)(5), added subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to (l), respectively
Source evidence
Code amendment note
Subsecs. (g) to (i). Pub. L. 100–418, § 1342(a)(5), added subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to (l), respectively.
Enacted provision · exact public law section
(5) Such section is further amended— (A) by redesignating subsections (g), (h), (i), and (j) as subsections (j), (k), (1), and (m), respectively; and (B) by inserting after subsection (f) the following new subsections: “(g) (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, and “(B) such a violation is established by substantial, reliable, and probative evidence. “(h) 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), 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); 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); and “(B) a copy of such written notice to the Commission.”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(5)(A) · 102 Stat. 1107
Redesignated · 19 U.S.C. § 1337(j)
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (g) as (j). Former subsec. (j) redesignated (m)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (g) as (j). Former subsec. (j) redesignated (m).
Enacted provision · exact public law section
(A) by redesignating subsections (g), (h), (i), and (j) as subsections (j), (k), (1), and (m), respectively; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(3) · 102 Stat. 1107
Inserted · 19 U.S.C. § 1337(j)(1)(B); 19 U.S.C. § 1337(j)(1)(2); 19 U.S.C. § 1337(j)(1)(3)
Pub. L. 100–418, § 1342(b)(3), inserted reference to subsecs. (g) and (i)
Source evidence
Code amendment note
Subsec. (j)(1)(B), (2), (3). Pub. L. 100–418, § 1342(b)(3), inserted reference to subsecs. (g) and (i).
Enacted provision · exact public law section
(3) by striking out “or (f)” each place it appears in subsection (j) and inserting “(f), (g), or (i)”;
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(4) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(k)
Pub. L. 100–418, § 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, § 1342(a)(6), to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (k). Pub. L. 100–418, § 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, § 1342(a)(6), to reflect the probable intent of Congress.
Enacted provision · exact public law section
(4) by striking out “(g)” in subsection (k) and inserting “(j)”; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(6) · 102 Stat. 1107
1. Amended · 19 U.S.C. § 1337(k)
  Pub. L. 100–418, § 1342(a)(6), as amended by Pub. L. 100–647, § 9001(a)(7)
2. Amended · 19 U.S.C. § 1337(k)
  Pub. L. 100–418, § 1342(a)(6), as designated existing provisions as par. (1)
3. Added · 19 U.S.C. § 1337(k)
  Pub. L. 100–418, § 1342(a)(6), as added par. (2)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1342(a)(6), as amended by Pub. L. 100–647, § 9001(a)(7), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(6) Subsection (k) (as redesignated by paragraph (5)(B) of this section) is amended— (A) by inserting “(1)” before the first sentence; and (B) by adding at the end the following: “(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)— “(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.”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(5)(A) · 102 Stat. 1107
Redesignated · 19 U.S.C. § 1337(k)
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (h) as (k)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (h) as (k).
Enacted provision · exact public law section
(A) by redesignating subsections (g), (h), (i), and (j) as subsections (j), (k), (1), and (m), respectively; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(b)(5) · 102 Stat. 1107
Inserted · 19 U.S.C. § 1337(l)
Pub. L. 100–418, § 1342(b)(5), inserted reference to subsecs. (g) and (i)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 100–418, § 1342(b)(5), inserted reference to subsecs. (g) and (i).
Enacted provision · exact public law section
(5) by striking out “or (f)” in subsection (1) and inserting “(f), (g), or (i)”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(7) · 102 Stat. 1107
1. Substituted · 19 U.S.C. § 1337(l)
  Pub. L. 100–418, § 1342(a)(7), substituted “a proceeding involving a patent, copyright, or mask work under subsection (a)(1)” for “claims of United States letters patent”
2. Substituted · 19 U.S.C. § 1337(l)
  Pub. L. 100–418, § 1342(a)(7), substituted “an owner of the patent, copyright, or mask work” for “a patent owner”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 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”.
Enacted provision · exact public law section
(7) Subsection (1) (as redesignated by paragraph (5)(B) of this section) is amended— (A) by striking out “claims of United States letters patent” in the first sentence and inserting “a proceeding involving a patent, copyright, or mask work under subsection (a)(1)”; and (B) by striking out “a patent owner” in the second sentence and inserting “an owner of the patent, copyright, or mask work”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(5)(A) · 102 Stat. 1107
Redesignated · 19 U.S.C. § 1337(l)
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (i) as (l)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (i) as (l).
Enacted provision · exact public law section
(A) by redesignating subsections (g), (h), (i), and (j) as subsections (j), (k), (1), and (m), respectively; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(5)(A) · 102 Stat. 1107
Redesignated · 19 U.S.C. § 1337(m)
Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (j) as (m)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (j) as (m).
Enacted provision · exact public law section
(A) by redesignating subsections (g), (h), (i), and (j) as subsections (j), (k), (1), and (m), respectively; and
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1214(h)(3) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1337(m)
Pub. L. 100–418, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 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”.
Enacted provision · exact public law section
(3) Section 337(j) (19 U.S.C. 1337(j)) is amended by striking out “general headnote 2 of the Tariff Schedules of the United States” and inserting “general note 2 of the Harmonized Tariff Schedule of the United States”.
1988
Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1342(a)(8) · 102 Stat. 1107
Added · 19 U.S.C. § 1337(n)
Pub. L. 100–418, § 1342(a)(8), added subsec. (n)
Source evidence
Code amendment note
Subsec. (n). Pub. L. 100–418, § 1342(a)(8), added subsec. (n).
Enacted provision · exact public law section
(8) Such section is further amended by adding at the end the following: “(n) (1) Information submitted to the Commission or exchanged Classified information. 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 carrying out the investigation in connection with which the information is submitted, “(B) an officer or employee of the United States Government who is directly involved in the review under subsection (h), or “(C) 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.”.
1988
Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 9001(a)(12) · 102 Stat. 3342
Substituted · 19 U.S.C. § 1337(n)(2)(B)
Pub. L. 100–647, § 9001(a)(12), substituted “subsection (j)” for “subsection (h)”
Source evidence
Code amendment note
Subsec. (n)(2)(B). Pub. L. 100–647, § 9001(a)(12), substituted “subsection (j)” for “subsection (h)”.
Enacted provision · exact public law section
(12) Subparagraph (B) of section 337(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1337(n)(2)(B)) is amended by striking out “under subsection (h)” and inserting in lieu thereof “under subsection (j)”.
1992
Audio Home Recording Act of 1992
Pub. L. 102–563 § 3(d) · 106 Stat. 4237
Amended · 19 U.S.C. § 1337(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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(d) Conforming Amendment to Section 337 of the Tariff Act of 1930.— The second sentence of section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C. 1337(b)(3)) is amended to read as follows: “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 303, 671, or 673, or (B) relates to an alleged copyright infringement with respect to which action is prohibited by section 1008 of title 17, United States Code, the Commission shall terminate, or not institute, any investigation into the matter.”.
1994
Pub. L. 103–465 § 321(a)(1)(A) · 108 Stat. 4809
Struck · 19 U.S.C. § 1337(b)
Pub. L. 103–465, § 321(a)(1)(A), struck out “; time limits” after “Commission” in heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–465, § 321(a)(1)(A), struck out “; time limits” after “Commission” in heading.
Enacted provision · exact public law section
(A) Time Limits” in the heading;
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(1)(B) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1337(b)(1)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(B) in paragraph (1) by striking all that follows the second sentence and inserting the following: “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.”; and
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(1)(C)(ii) · 108 Stat. 4809
Struck · 19 U.S.C. § 1337(b)(3)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(ii) by striking the fifth sentence.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(1)(C)(i) · 108 Stat. 4809
Amended · 19 U.S.C. § 1337(b)(3)
Pub. L. 103–465, § 321(a)(1)(C)(i), as amended by Pub. L. 104–295, § 20(c)(2), in first sentence, made technical amendment to reference in original act which appears in text as reference to “such part II”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–465, § 321(a)(1)(C)(i), as amended by Pub. L. 104–295, § 20(c)(2), in first sentence, made technical amendment to reference in original act which appears in text as reference to “such part II”.
Enacted provision · exact public law section
(i) in the first sentence— (I) by striking “the Tariff Act of 1930” and inserting “this Act”, and (II) by striking “such Act” and inserting “such subtitle”; and
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 261(d)(1)(B)(ii)(II) · 108 Stat. 4809
1. Struck · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 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
2. Substituted · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 261(d)(1)(B)(ii)(II)–(V), in second sentence, substituted “1671” for “1303, 1671,”, and in last sentence
3. Struck · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 261(d)(1)(B)(ii)(II)–(V), in second sentence, struck out “of the Secretary under section 1303 of this title or” after “Any final decision”
4. Substituted · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 261(d)(1)(B)(ii)(II)–(V), in second sentence, substituted “1671 or” for “1303, 1671, or”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–465, § 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”.
Enacted provision · exact public law section
(II) by striking “section 303, 671, or 673” and inserting “section 701 or 731”,
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 261(d)(1)(B)(ii)(I) · 108 Stat. 4809
1. Amended · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 261(d)(1)(B)(ii)(I), as amended by Pub. L. 104–295, § 20(b)(11), in first sentence
2. Substituted · 19 U.S.C. § 1337(b)(3)
  Pub. L. 103–465, § 261(d)(1)(B)(ii)(I), as 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–465, § 261(d)(1)(B)(ii)(I), as amended by Pub. L. 104–295, § 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”.
Enacted provision · exact public law section
(I) by striking “of section 303 or subtitle B of title VII of the Tariff Act of 1930” and inserting “of subtitle B of title VII of this Act”,
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(2) · 108 Stat. 4809
1. Substituted · 19 U.S.C. § 1337(c)
  Pub. L. 103–465, § 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”
2. Inserted · 19 U.S.C. § 1337(c)
  Pub. L. 103–465, § 321(a)(2), in first sentence, 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.”
3. Inserted · 19 U.S.C. § 1337(c)
  Pub. L. 103–465, § 321(a)(2), in first sentence, inserted at end “Determinations by the Commission under subsections (e), (f), and (j) with respect to forfeiture of bonds and under subsection (h) 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–465, § 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) with respect to forfeiture of bonds and under subsection (h) 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.”
Enacted provision · exact public law section
(2) Determination; review.— Subsection (c) is amended— (A) in the first sentence by striking “a settlement agreement” and inserting “an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration”; (B) by inserting the following after the third sentence: “A respondent may raise any counterclaim in a manner prescribed by the Commission. Immediately after a counter-claim 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, United States Code. Any counter-claim 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 (C) by adding at the end the following: “Determinations by the Commission under subsections (e), (f), and (j) with respect to forfeiture of bonds and under subsection (h) 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, United States Code.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(5)(A) · 108 Stat. 4809
1. Amended · 19 U.S.C. § 1337(d)
  Pub. L. 103–465, § 321(a)(5)(A), designated existing provisions as par. (1)
2. Substituted · 19 U.S.C. § 1337(d)
  Pub. L. 103–465, § 321(a)(5)(A), substituted “there is a violation” for “there is violation” in first sentence
3. Added · 19 U.S.C. § 1337(d)
  Pub. L. 103–465, § 321(a)(5)(A), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–465, § 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).
Enacted provision · exact public law section
(A) Subsection (d) is amended— (i) by inserting “(1)” before “If”; (ii) in the first sentence by striking “there is violation” and inserting “there is a violation”; and (iii) by adding at the end the following new paragraph: “(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.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(3)(A) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1337(e)(1)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(A) in the last sentence of paragraph (1) by striking “determined by the Commission” and all that follows through the end of the sentence and inserting “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.”;
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(3)(B) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1337(e)(2)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(B) by adding at the end of paragraph (2) the following: “If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent.”; and
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(3)(C) · 108 Stat. 4809
Added · 19 U.S.C. § 1337(e)(4)
Pub. L. 103–465, § 321(a)(3)(C), added par. (4)
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 103–465, § 321(a)(3)(C), added par. (4).
Enacted provision · exact public law section
(C) by adding at the end the following new paragraph: “(4) The Commission shall prescribe the terms and conditions under which bonds may be forfeited under paragraphs (1) and (2).”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(4) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1337(f)(1)
Pub. L. 103–465, § 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), 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.”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 103–465, § 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), 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.”
Enacted provision · exact public law section
(4) Cease and desist orders.— Subsection (f)(1) is amended by adding at the end the following: “If a temporary cease and desist order is issued in addition to, or in lieu of, an exclusion order under subsection (e), 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.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(5)(B) · 108 Stat. 4809
Added · 19 U.S.C. § 1337(g)(2)(C)
Pub. L. 103–465, § 321(a)(5)(B), added subpar. (C)
Source evidence
Code amendment note
Subsec. (g)(2)(C). Pub. L. 103–465, § 321(a)(5)(B), added subpar. (C).
Enacted provision · exact public law section
(B) Subsection (g)(2) is amended— (i) by striking “and” at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting “, and”; and (iii) by adding after subparagraph (B) the following: “(C) the requirements of subsection (d)(2) are met.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(6) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1337(j)(3)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (j)(3). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(6) Entry under bond after referral to the president.— Subsection (j)(3) is amended by striking “shall be entitled to entry under bond” and all that follows through the end of the sentence and inserting “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.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(8) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1337(l)
Pub. L. 103–465, § 321(a)(8), substituted “Court of Federal Claims” for “Claims Court”
Source evidence
Code amendment note
Subsec. (l). Pub. L. 103–465, § 321(a)(8), substituted “Court of Federal Claims” for “Claims Court”.
Enacted provision · exact public law section
(8) Technical amendment.— Subsection (1) is amended by striking “Claims Court” and inserting “Court of Federal Claims”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(7)(A) · 108 Stat. 4809
Amended · 19 U.S.C. § 1337(n)(2)(A)
Pub. L. 103–465, § 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,”
Source evidence
Code amendment note
Subsec. (n)(2)(A). Pub. L. 103–465, § 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,”.
Enacted provision · exact public law section
(A) by amending subparagraph (A) to read as follows: “(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), “(iii) the administration or enforcement of an exclusion order issued pursuant to subsection (d), (e), or (g), a cease-and-desist order issued pursuant to subsection (f), or a consent order issued pursuant to subsection (c), “(iv) proceedings for the modification or rescission of a temporary or permanent order issued under subsection (d), (e), (f), (g), or (i), or a consent order issued under this section, or “(v) maintaining the administrative record of the investigation or related proceeding,”; and
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1994
Pub. L. 103–465 § 321(a)(7)(B) · 108 Stat. 4809
Amended · 19 U.S.C. § 1337(n)(2)(C)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Subsec. (n)(2)(C). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(B) by amending subparagraph (C) to read as follows: “(C) an officer or employee oi the United States Customs Service who is directly involved in administering an exclusion from entry under subsection (d), (e), or (g) resulting from the investigation or related proceeding in connection with which the information is submitted.”.
Effective date note
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. Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that: “The amendments made by this subtitle [subtitle C (§§ 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—
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(c)(2) · 110 Stat. 3514
Amended · 19 U.S.C. § 1337(b)(3)
Pub. L. 104–295, § 20(c)(2), amended Pub. L. 103–465, § 321(a)(1)(C)(i). See 1994 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 104–295, § 20(c)(2), amended Pub. L. 103–465, § 321(a)(1)(C)(i). See 1994 Amendment note below.
Enacted provision · exact public law section
(2) Section 321(a)(1)(C)(i) of the Uruguay Round Agreements 19 USC 1337. Act is amended to read as follows: “(i) in the first sentence by striking ‘such Act’ and inserting ‘such subtitle’; and”.
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(b)(12) · 110 Stat. 3514
Struck · 19 U.S.C. § 1337(b)(3)
Pub. L. 104–295, § 20(b)(12), struck out “such section and” before “such part II” in first sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–295, § 20(b)(12), struck out “such section and” before “such part II” in first sentence.
Enacted provision · exact public law section
(12) Section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C. 1337(b)(3)) is amended in the first sentence by striking “such section and”.
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(b)(11) · 110 Stat. 3514
Amended · 19 U.S.C. § 1337(b)(3)
Pub. L. 104–295, § 20(b)(11), amended Pub. L. 103–465, § 261(d)(1)(B)(ii)(I). See 1994 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–295, § 20(b)(11), amended Pub. L. 103–465, § 261(d)(1)(B)(ii)(I). See 1994 Amendment note below.
Enacted provision · exact public law section
(11) Section 261(d)(1)(B)(ii)(I) of the Uruguay Round Agreements Act is amended by inserting “of” after “section 303 or”. 19 USC 1337.
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tV)(s5005)(b)(1)(A)(i) · 113 Stat. 1501
Substituted · 19 U.S.C. § 1337(a)(1)(A)
Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(i)], substituted “(D), and (E)” for “and (D)”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(i)], substituted “(D), and (E)” for “and (D)”.
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tV)(s5005)(b)(1)(A)(ii) · 113 Stat. 1501
Added · 19 U.S.C. § 1337(a)(1)(E)
Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(ii)], added subpar. (E)
Source evidence
Code amendment note
Subsec. (a)(1)(E). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(ii)], added subpar. (E).
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tV)(s5005)(b)(1)(B) · 113 Stat. 1501
Substituted · 19 U.S.C. § 1337(a)(2); 19 U.S.C. § 1337(a)(3)
Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(B)], substituted “mask work, or design” for “or mask work”
Source evidence
Code amendment note
Subsec. (a)(2), (3). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(B)], substituted “mask work, or design” for “or mask work”.
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tV)(s5005)(b)(2) · 113 Stat. 1501
Substituted · 19 U.S.C. § 1337(l)
Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(2)], substituted “mask work, or design” for “or mask work” in two places
Source evidence
Code amendment note
Subsec. (l). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(2)], substituted “mask work, or design” for “or mask work” in two places.
2004
Miscellaneous Trade and Technical Corrections Act of 2004
Pub. L. 108–429 § 2004(d)(5)(A) · 118 Stat. 2434
Changed · 19 U.S.C. § 1337(a)(1)(E)
Pub. L. 108–429, § 2004(d)(5)(A), realigned margins
Source evidence
Code amendment note
Subsec. (a)(1)(E). Pub. L. 108–429, § 2004(d)(5)(A), realigned margins.
Enacted provision · exact public law section
(A) in paragraph (1), by aligning the text of subparagraph (E) with the text of subparagraph (D); and
2004
Miscellaneous Trade and Technical Corrections Act of 2004
Pub. L. 108–429 § 2004(d)(5)(B) · 118 Stat. 2434
Substituted · 19 U.S.C. § 1337(a)(2)
Pub. L. 108–429, § 2004(d)(5)(B), substituted “(D), and (E)” for “and (D)”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–429, § 2004(d)(5)(B), substituted “(D), and (E)” for “and (D)”.
Enacted provision · exact public law section
(B) in paragraph (2), by striking “and (D)” and inserting “(D), and (E)”.

80 of 85 references resolved to an enrolled provision · 5 partial

Editorial Notes

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, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 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, § 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.

Amendments1958–2004 · 12 rounds

2004

Subsec. (a)(1)(E). Pub. L. 108–429, § 2004(d)(5)(A), realigned margins.

Subsec. (a)(2). Pub. L. 108–429, § 2004(d)(5)(B), substituted “(D), and (E)” for “and (D)”.

1999

Subsec. (a)(1)(A). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(i)], substituted “(D), and (E)” for “and (D)”.

Subsec. (a)(1)(E). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(A)(ii)], added subpar. (E).

Subsec. (a)(2), (3). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(1)(B)], substituted “mask work, or design” for “or mask work”.

Subsec. (l). Pub. L. 106–113, § 1000(a)(9) [title V, § 5005(b)(2)], substituted “mask work, or design” for “or mask work” in two places.

1996

Subsec. (b)(3). Pub. L. 104–295, § 20(c)(2), amended Pub. L. 103–465, § 321(a)(1)(C)(i). See 1994 Amendment note below.

Pub. L. 104–295, § 20(b)(12), struck out “such section and” before “such part II” in first sentence.

Pub. L. 104–295, § 20(b)(11), amended Pub. L. 103–465, § 261(d)(1)(B)(ii)(I). See 1994 Amendment note below.

1994

Subsec. (b). Pub. L. 103–465, § 321(a)(1)(A), struck out “; time limits” after “Commission” in heading.

Subsec. (b)(1). Pub. L. 103–465, § 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, § 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, § 321(a)(1)(C)(i), as amended by Pub. L. 104–295, § 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, § 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, § 261(d)(1)(B)(ii)(I), as amended by Pub. L. 104–295, § 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, § 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) with respect to forfeiture of bonds and under subsection (h) 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, § 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, § 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, § 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, § 321(a)(3)(C), added par. (4).

Subsec. (f)(1). Pub. L. 103–465, § 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), 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, § 321(a)(5)(B), added subpar. (C).

Subsec. (j)(3). Pub. L. 103–465, § 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, § 321(a)(8), substituted “Court of Federal Claims” for “Claims Court”.

Subsec. (n)(2)(A). Pub. L. 103–465, § 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, § 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, § 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, § 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, § 1342(b)(1)(B), substituted “Secretary of Commerce” for “Secretary of the Treasury”.

Subsec. (c). Pub. L. 100–418, § 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, § 1342(b)(2), inserted reference to subsec. (g) in two places.

Subsec. (e). Pub. L. 100–418, § 1342(a)(3), designated existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (f)(1). Pub. L. 100–418, § 1342(a)(4)(A), substituted “In addition to, or in lieu of,” for “In lieu of”.

Subsec. (f)(2). Pub. L. 100–418, § 1342(a)(4)(B), substituted “$100,000 or twice” for “$10,000 or”.

Subsecs. (g) to (i). Pub. L. 100–418, § 1342(a)(5), added subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to (l), respectively.

Subsec. (j). Pub. L. 100–418, § 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, § 1342(b)(3), inserted reference to subsecs. (g) and (i).

Subsec. (k). Pub. L. 100–418, § 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, § 1342(a)(6), to reflect the probable intent of Congress.

Pub. L. 100–418, § 1342(a)(6), as amended by Pub. L. 100–647, § 9001(a)(7), designated existing provisions as par. (1) and added par. (2).

Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (h) as (k).

Subsec. (l). Pub. L. 100–418, § 1342(b)(5), inserted reference to subsecs. (g) and (i).

Pub. L. 100–418, § 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, § 1342(a)(5)(A), redesignated former subsec. (i) as (l).

Subsec. (m). Pub. L. 100–418, § 1342(a)(5)(A), redesignated former subsec. (j) as (m).

Pub. L. 100–418, § 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, § 1342(a)(8), added subsec. (n).

Subsec. (n)(2)(B). Pub. L. 100–647, § 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, § 163(a)(4), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

Subsec. (i). Pub. L. 97–164, § 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, § 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, § 106(b)(1), substituted “part II of subtitle IV of this chapter” for “the Antidumping Act, 1921”.

Subsec. (c). Pub. L. 96–39, § 1105(c), substituted “Any person adversely affected by a final determination of the Commission under subsection (d), (e), or (f)” for “Any person adversely affected by a final determination of the Commission under subsection (d) or (e)”.

Subsec. (f). Pub. L. 96–39, § 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.

Statutory Notes and Related Subsidiaries

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.

Pub. L. 103–465, title III, § 322, Dec. 8, 1994, 108 Stat. 4947, provided that:

“The amendments made by this subtitle [subtitle C (§§ 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.

Pub. L. 100–418, title I, § 1342(d), Aug. 23, 1988, 102 Stat. 1216, 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

Pub. L. 93–618, title III, § 341(c), Jan. 3, 1975, 88 Stat. 2056, 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

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

Pub. L. 100–418, title I, § 1341, Aug. 23, 1988, 102 Stat. 1211, 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 (§§ 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.”
#

Executive Documents

Assignment of Certain Functions

Memorandum of President of the United States, July 21, 2005, 70 F.R. 43251, provided:

Memorandum for the United States Trade Representative

By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 337(j)(1)(B), section 337(j)(2), and section 337(j)(4) of the Tariff Act of 1930, as amended (19 U.S.C. 1337(j)(1), (j)(2), and (j)(4)).

You are authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.

Credits

1930–2004 · 15 acts

1930June 17, 1930, ch. 497, title III, § 337, 46 Stat. 703
1946Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352
1958Pub. L. 85–686, § 9(c)(1), Aug. 20, 1958, 72 Stat. 679
1975Pub. L. 93–618, title III, § 341(a), Jan. 3, 1975, 88 Stat. 2053
1979Pub. L. 96–39, title I, § 106(b)(1), title XI, § 1105, July 26, 1979, 93 Stat. 193, 310
1980Pub. L. 96–417, title VI, § 604, Oct. 10, 1980, 94 Stat. 1744
1982Pub. L. 97–164, title I, §§ 160(a)(5), 163(a)(4), Apr. 2, 1982, 96 Stat. 48, 49
1984Pub. L. 98–620, title IV, § 413, Nov. 8, 1984, 98 Stat. 3362
1988Pub. L. 100–418, title I, §§ 1214(h)(3), 1342(a), (b), Aug. 23, 1988, 102 Stat. 1157, 1212, 1215
1988Pub. L. 100–647, title IX, § 9001(a)(7), (12), Nov. 10, 1988, 102 Stat. 3807
1992Pub. L. 102–563, § 3(d), Oct. 28, 1992, 106 Stat. 4248
1994Pub. L. 103–465, title II, § 261(d)(1)(B)(ii), title III, § 321(a), Dec. 8, 1994, 108 Stat. 4909, 4943
1996Pub. L. 104–295, § 20(b)(11), (12), (c)(2), Oct. 11, 1996, 110 Stat. 3527, 3528
1999Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–594
2004Pub. L. 108–429, title II, § 2004(d)(5), Dec. 3, 2004, 118 Stat. 2592.

Show as published

(June 17, 1930, ch. 497, title III, § 337, 46 Stat. 703; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 85–686, § 9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 93–618, title III, § 341(a), Jan. 3, 1975, 88 Stat. 2053; Pub. L. 96–39, title I, § 106(b)(1), title XI, § 1105, July 26, 1979, 93 Stat. 193, 310; Pub. L. 96–417, title VI, § 604, Oct. 10, 1980, 94 Stat. 1744; Pub. L. 97–164, title I, §§ 160(a)(5), 163(a)(4), Apr. 2, 1982, 96 Stat. 48, 49; Pub. L. 98–620, title IV, § 413, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100–418, title I, §§ 1214(h)(3), 1342(a), (b), Aug. 23, 1988, 102 Stat. 1157, 1212, 1215; Pub. L. 100–647, title IX, § 9001(a)(7), (12), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 102–563, § 3(d), Oct. 28, 1992, 106 Stat. 4248; Pub. L. 103–465, title II, § 261(d)(1)(B)(ii), title III, § 321(a), Dec. 8, 1994, 108 Stat. 4909, 4943; Pub. L. 104–295, § 20(b)(11), (12), (c)(2), Oct. 11, 1996, 110 Stat. 3527, 3528; Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–594; Pub. L. 108–429, title II, § 2004(d)(5), Dec. 3, 2004, 118 Stat. 2592.)