Advancing America's Interests Act
This bill limits the ability of certain persons (e.g., patent or trademark holders) to bring complaints before the U.S. International Trade Commission (ITC), and it requires the ITC to consider the public interest when determining whether to exclude articles that are under investigation.
A complainant before the ITC must satisfy a domestic industry requirement obliging them to have made significant investment in the United States related to the articles that are the subject of the matter. One method to establish domestic industry is through reliance on licensing activities.
The bill requires a complainant attempting to demonstrate domestic industry through licensing activities to show that those activities led to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design at issue. Further, the bill prohibits a complainant from relying upon activities by a licensee to demonstrate domestic industry unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.
In addition, the bill requires the ITC to determine that any exclusion of articles pursuant to an investigation is in the public interest. The ITC must also identify at the beginning of an investigation whether the matter involves a dispositive issue that is appropriate for expedited initial determination and direct the assigned judge to issue such determination not later than 100 days after the investigation is instituted.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5184 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5184
To amend section 337 of the Tariff Act of 1930 with respect to
requirements for domestic industries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2021
Ms. DelBene (for herself and Mr. Schweikert) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend section 337 of the Tariff Act of 1930 with respect to
requirements for domestic industries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing America's Interests Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that the resources of the
United States International Trade Commission are focused on protecting
genuine domestic industries and to safeguard the public health and
welfare and the United States economy (including competitive
conditions).
SEC. 3. UNFAIR PRACTICES IN IMPORT TRADE.
(a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) is amended as follows:
(1) Subsection (a) is amended--
(A) in paragraph (3)--
(i) by striking ``or'' at the end of
subparagraph (B);
(ii) in subparagraph (C), by striking
``engineering, research and development, or
licensing.'' and inserting ``engineering and
research and development; or''; and
(iii) by adding after subparagraph (C) the
following:
``(D) substantial investment in licensing activities that
leads to the adoption and development of articles that
incorporate the patent, copyright, trademark, mask work, or
design.'';
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) For purposes of paragraph (3), the complainant may not rely
upon activities by its licensees unless the license leads to the
adoption and development of articles that incorporate the claimed
patent, copyright, trademark, mask work, or design for sale in the
United States.''.
(2) Subsection (b) is amended--
(A) in paragraph (1), by inserting after the first
sentence the following: ``For a complaint under oath, a
person may be relied upon to qualify as an industry
under subsection (a)(2) only if the person joins the
complaint under oath, except that nothing in this
sentence shall be construed to compel such a person to
join the complaint.''; and
(B) by adding at the end the following:
``(4)(A) The Commission shall identify, at the beginning of an
investigation, whether the investigation presents a dispositive issue
appropriate for an expedited fact finding and an abbreviated hearing
limited to that issue, and shall direct the assigned administrative law
judge to issue an initial determination on such issue not later than
100 days after the investigation is instituted.
``(B) Any initial determination by the assigned administrative law
judge under subparagraph (A) shall stay the investigation pending
Commission action.''.
(3) Subsection (c) is amended--
(A) by striking the first sentence and inserting
the following: ``(1) 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--
``(A) 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; or
``(B) may determine during the course of the investigation
that the exclusion of articles under investigation would not be
in the interest of the public, after considering the nature of
the articles concerned and the effect of such exclusion upon
the public health and welfare, the United States economy
(including competitive conditions), the production of like or
directly competitive articles by the complainant and its
licensees, and United States consumers, and terminate any such
investigation, in whole or in part, without making any further
determination.'';
(B) in the second sentence, by striking ``Each
determination'' and inserting the following:
``(2) Each determination'';
(C) by striking ``its findings on the public health
and welfare, competitive conditions in the United
States economy,'' and inserting ``its findings on the
public health and welfare, the United States economy
(including competitive conditions),''; and
(D) by inserting ``by the complainant and its
licensees'' after ``the production of like or directly
competitive articles in the United States''.
(4) Subsection (d)(1) is amended by striking the first
sentence and inserting the following: ``(1) If the Commission
determines, as a result of an investigation under this section,
that there is both (A) a violation of this section and (B)
exclusion of the articles concerned is in the interest of the
public, after considering the nature of the articles concerned
and the effect of such exclusion upon the public health and
welfare, the United States economy (including competitive
conditions), the production of like or directly competitive
articles in the United States by complainant and its licensees,
and United States consumers, then the Commission shall direct
that the articles concerned that are imported by any person
violating the provisions of this section be excluded from entry
into the United States.''.
(5) Subsection (e)(1) is amended by striking the first
sentence and inserting the following: ``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 and that exclusion of the articles
concerned would be in the interest of the public, the
Commission may direct that the articles concerned that are
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, after considering the nature
of the articles concerned and the effect of such exclusion upon
the public health and welfare, the United States economy
(including competitive conditions), the production of like or
directly competitive articles in the United States by the
complainant and its licensees, and United States consumers.''.
(6) Subsection (f)(1) is amended by striking the first
sentence and inserting the following: ``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, after considering the nature of the articles
concerned and the effect of such order upon the public health
and welfare, the United States economy (including competitive
conditions), the production of like or directly competitive
articles in the United States by complainant and its licensees
and United States consumers.''.
(7) Subsection (g)(1) is amended by amending the matter
following subparagraph (E) to read as follows:
``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, after considering
the nature of the articles concerned and the effect of such exclusion
or order upon the public health and welfare, the United States economy
(including competitive conditions), the production of like or directly
competitive articles in the United States by the complainant and its
licensees and United States consumers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to complaints filed under section 337 of the Tariff Act of 1930
on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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