Assignment on Section 337 Investigations

The international trade commission of the U.S has conducted an investigation on actual property rights, which contain blame of snatching the copyrights, trademark, patent right of the imported goods Under Section 337 of Unfair Import.  In these investigations both common law, registered trademark, patent rights as well as utility designs can be claimed. Under these investigations claim regarding unfair task are also emphasis like snatching registered copyrights. Using imported designs, changing in way of import secrets, using wrong and false ways of advertisement, etc. section 337 investigations exclude all these unfair task and restrict the importers not to enter in U.S states for these illegal tasks or import.

Moreover, International Trade Commission take action against those persons who were involved in those illegal tasks and sue the known importers who were using these unfair trade acts. Fast and temporary action was taken against these unfair tasks and these rules were to be followed in all the cases except those who are exceptional. The guidelines of these rules Under Section 337 and Administrative procedure act also review by the International Trade Commission as well as by the Judges of Law (Pagnattaro and Park).                

Some amendments were also made in Section 337 of the Tariff Act or 1930 according to these amendments all the unfair task regarding the sale of imported goods as well as to promote competition of imported goods will be illegal under the law. International Trade Commission of U.S conducted these investigations under the supervision of the administrative Act. These investigations include all those rules and documents which were issued by the Judges of law as initial documents for trade. If any violation was made in these rules then the law can sue that person and can restrict them from doing unlawful act as well as The International Trade Commission restrict that imported not to enter in the U.S state premises for these illegal Act or can stop the production as well as distribution process. Different exclusions are also available for certain cases pf import for trusted parties. These exclusions also contain some specific goods from other sources. Strict orders were also issued to stop making inventories or storing goods which are made from unlawful act in the U.S state.

After the investigation under Section 337, many contracts were terminated and also whose agreements were agreed to make consent due to having illegal nature. After the complete investigation all the exclusion and restrictions were issued in written form to stop unlawful act so that no one can violate these rules of Section 337. If the law finds any violation in the ACT., then it will be decided that either it is for public interest it not then strict actions can be taken against those acts. It those violations are best in public interest then it will be examined that those violations have no bad effect on public health, safety and security by using such products. President of U.S state issues an order in JULY, 2005 to review these rules of Section 337 of the Tariff Act 1930 (Usitc.gov). The international trade commission assigned these work to the different agencies to review these rules and meanwhile all the import work remains continue and the persons who want to make imports have to pay to the International Trade Commission. It was decided at that time that if the President does not find anything wrong in the Actions of International Trade Commission then the previous rules will be considered to be final. Rules and Actions of International Trade Commission were also examined by the judges of law, U.S courts as well as Supreme Court.  

International Trade Commission of the U.S introduced 56 new Sections in Previous Section 337 in 2010 and enforce all these new rules and Actions. In the same year the U.S International Trade Commission issued some exclusions. Two general exclusions as well as six limited exclusions and 20 illegal cases that were conducted through unlawful acts from foreign firms. These exclusions are as follows.

·         Certain Coaxial Cable Conductor (have both limited and general exclusions orders.)

·         Certain Cast Steel Railway (having four ceases and having limited exclusions)

·         Certain Semiconductor Chips with Synchronous Dynamic Controllers (11 ceases and desists order and have limited exclusions)

·         Certain Optoelectronic Devices (having ceases and desist order as well as limited exclusions)

·         Certain Energy Drinks (have general exclusions)

·         Certain Product Advertised as Containing Ethyl (having limited exclusions as well as 4 ceases and desist orders)

·         Certain Caskets (having limited Exclusions)

Some of the policies of the International Trade Commission are still under investigation and observation of U.S Trade Representatives and remaining considered to be final after the expiry of given period of 60 days. Due to the actions of Section 337 those companies of U.S who feel harms from import can take protection from these. Section 337 of International Trade Commission has now become very known for controlling unlawful acts of imports, using wrong way of advertisement as well as using other registered copyrights and patent rights. Actions and rules of Section 337 become popular from many last years and these remain to continue to control and restrict unlawful and illegal acts it’s all due to availability of Section 337 that companies consider these rules and make their trade policies according to these proceeding Rules (Usitc.gov).

The president of U.S states Trump announced to follow the rules of Section 337 of International Trade for domestic industries in order to permit competition between foreign and domestic industries. As a result of these U.S states can protect their domestic industries from illegal acts of foreign companies. By considering the actions of Section 337 actions government of U.S restrict import of some products such as Technology products, steel products, aluminum products, and many other products.

   As we know the Section 337 of the International Trade Commission was organized by the private industries not by the government of U.S. so it was decided that administration of Section 337 should be changed to show effect on the industries. after such orders administrative structure was reshaped at first the International Trade Commission was the executive branch and having 6 commissioners which were selected by the President and confirmed by the Senate. After every 18 months commissioner will be changed and split from private sector to public and from public sector to private sector. Moreover the President shall have authority to check the policies and can be issued new exclusions which he thinks better for public interest.

     Section 337 is the only Act that is following by the U.S state from last eight years.             This section allows a single individual to sue a person committing unlawful act. As it’s a powerful tool and remedy to control the illegal acts happening in the state.

Conclusion

After discussing the final report we have concluded that the International Trade Commission works best in the interest of nation by providing them the safety and security from unlawful acts. Those foreign companies who were making illegal acts and harming the domestic industries can be controlled through the Section 337. This Act provides remedy to a single individual to sue against any unlawful actions. Those organizations who were afraid of importing goods now easily performing their task due to rules and actions of Section 337 of International Trade Commission. Section 337 only acts that provide protection against the Theft or snatching of copyrights, import of illegal goods, steeling of patent rights as well as using registered trademark of other companies. As Section 337 was private issued law but when the Government takes charge of it many positive changes can be seen in it. Fast and temporary action was taken against these unfair tasks and these rules were to be followed in all the cases except those who are exceptional. It is necessary that rules of Section 337 remains enforce for the betterment of domestic interest. Strict orders were also issued to stop making inventories or storing goods which are made from unlawful act in the U.S state. After the investigation under Section 337 many contracts were terminated and also whose agreements were agreed to make consent due to having illegal nature. Actions and rules of Section 337 become popular from many last years and these remain to continue to control and restrict unlawful and illegal acts it’s all due to availability of Section 337 that companies consider these rules and make their trade policies according to these proceeding Rules. Some amendments were also made in Section 337 of the Tariff Act or 1930 according to these amendments all the unfair task regarding sale of imported goods as well as to promote competition of imported goods will be illegal under the law. International Trade Commission rules proved useful as the President shall have authority to check the policies and can be issued new exclusions which he thinks better for public interest. In the end, I will say every government should make these ITC rules and policies for the best interest of their country.