Glossary

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Section 337 Investigations (Unfair Practices in Import Trade)

These investigations are conducted under section 337 of the Tariff Act of 1930 (19 U.S.C 1337). If the Commission finds a violation of section 337 to exist, it may issue a remedial order in the form of an exclusion and/or cease and desist orders. Such orders become effective 60 days after they are issued unless disapproved by the President. Section 337 investigations are generally conducted on the basis of a complaint that alleges a violation of section 337 in the form of unfair competition in the importation of products into, or their subsequent sale in, the United States, that infringe a U.S. patent, copyright, registered trademark, or mask work. The Commission will also conduct a section 337 investigation on the basis of a complaint that alleges other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the United States, the threat or effect of which is to destroy or substantially injure a domestic industry, prevent the establishment of such an industry, or restrain or monopolize trade and commerce in the United States.

Section 337 investigations require formal evidentiary hearings in accordance with the Administrative Procedure Act (5 U.S.C. 551 et seq). The hearings are held before an administrative law judge (ALJ). Parties to these investigations include complainants, respondents, and the Commission attorney representing the public interest. Following the hearing, the ALJ issues an initial determination on all issues related to violations of section 337. The Commission may review and adopt, modify, or reverse the ALJ's decision. If the Commission does not review the initial determination, it becomes the Commission's decision.

Service Lists

These are lists of interested parties that the Office of the Secretary prepares in investigations that facilitate the exchange of documents among the parties of record. Interested parties are expected to serve other interested parties on the list with copies of all documents filed with the Commission. In certain proceedings, the Office of the Secretary maintains two service lists: one that lists the interested parties they may receive only documents containing publicly available information, and a second list that contains the names of interested parties who may receive documents that contain business proprietary/confidential business information obtained under an administrative protective order.

Sunset Reviews

These are reviews that the Commission and Commerce are required to undertake at five-year intervals under section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) with respect to outstanding countervailing duty and antidumping duty orders. Section 751(c) requires that countervailing duty and antidumping duty orders be revoked, and suspended investigations be terminated, after five years unless the U.S. Department of Commerce determines that revocation or termination would be likely to lead to a continuation or recurrence of a countervailable subsidy or dumping, and the Commission determines that revocation or termination would be likely to lead to a continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. If either agency makes a negative determination, Commerce must revoke the order. If both agencies make affirmative determinations, the countervailing duty or antidumping duty order remains in place.