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United States—Section 337 of the Tariff Act of 1930

Published online by Cambridge University Press:  27 February 2017

Kenneth W. Abbott
Kenneth W. Abbott*
Affiliation:
Northwestern University School of Law
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Abstract

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Type
International Decisions
Information
American Journal of International Law , Volume 84 , Issue 1 , January 1990 , pp. 274 - 280
Copyright
Copyright © American Society of International Law 1990

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References

1 In addition to §337 itself, the panel considered the related §337a, 19 U.S.C. §1337a (1982), repealed by Omnibus Trade and Competitiveness Act of 1988, Pub. L. No. 100-418, §1342, 102 Stat. 1215, which extended the application of §337 to imported products produced abroad by means of a process patented in the United States. References below to §337 should be understood to include §337a. Section 337 was extensively amended by the 1988 Act, supra, §§ 1214(h)(3), 1342, 102 Stat. 1157, 1212. The findings of the panel, however, are limited to §337 as it stood in October 1987, the date the panel was established.

2 The Community expressly refrained from challenging the application of §337 procedures in nonpatent investigations.

3 In the Matter of Certain Aramid Fiber, No. 337-TA-194, U.S. ITC Pub. No. 1824, March 1986, 50 Fed. Reg. 30,246 (final determination), 49,776 (exclusion order) (1985).

4 N. V. Akzo v. International Trade Comm’n, 808 F.2d 1471 (Fed. Cir. 1986), cert, denied, 107 S.Ct. 2490(1987).

5 Council Regulation (EEC) No. 2641/84, 27 O.J. Eur. Comm. (No. L 252) 1 (1984).

6 Italian Discrimination Against Imported Agricultural Machinery, GATT, Basic Instruments and Selected Documents, 7th Supp. 60 (1958).

7 See Understanding regarding Notification, Consultation, Dispute Settlement and Surveillance, Decision Adopted by the Contracting Parties Nov. 28, 1979, id., 26th Supp. 210 (1980).

8 Statement of the U.S. Representative to the GATT, Ambassador Rufus Yerxa, on the Section 337 Panel Report at the GATT Council Meeting (Nov. 7–8, 1989).