The option available to you at the U.S. International Trade Commission (Commission) is to file a complaint to initiate a Section 337 investigation (see this link for more information on Section 337 investigations https://www.usitc.gov/intellectual_property.htm). The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the United States. In addition, the Commission may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337. Section 337 investigations, which are conducted pursuant to 19 U.S.C. § 1337 and the Administrative Procedure Act, include trial proceedings before administrative law judges and review by the Commission.

As a small business, you may receive general information and technical assistance from the Trade Remedy Assistance Office (TRAO). Technical assistance includes informal advice and assistance, including informal legal support, intended to enable eligible small entities to determine the appropriateness of pursuing remedies under Section 337, to prepare complaints, and to seek to obtain the remedies available under Section 337. Technical assistance does not include legal representation of an eligible small business or advocacy on its behalf. Relevant USITC rules are in 19 CFR 213. [PDF]. For further information, contact the Trade Remedy Assistance Program Manager, Joshua Levy, by phone at (202) 205-3236 or 1 (800) 343-9822, or by email at trao@usitc.gov.

For additional FAQs related to Section 337 investigations, please use this link: https://www.usitc.gov/intellectual_property/documents/337_faqs.pdf