3.0.0 4829 2023-01-11T13:31:50Z 2023-01-11T13:31:50Z House HR 2016-03-22 114 [Congressional Record Volume 162, Number 45 (Tuesday, March 22, 2016)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. CARDENAS:H.R. 4829.Congress has the power to enact this legislation pursuantto the following:Clauses 1 and 8 of Section 8 of Article I of theConstitution.[Page H1553]]]> hswm00 Ways and Means Committee House Standing hswm04 Trade Subcommittee Referred to 2016-03-29T20:20:47Z Referred to 2016-03-22T14:02:20Z 2016-03-29 hswm04 Trade Subcommittee 1 House committee actions Referred to the Subcommittee on Trade. Committee 2016-03-22 Referred to the House Committee on Ways and Means. IntroReferral H11100 2 House floor actions hswm00 Ways and Means Committee 2016-03-22 Introduced in House IntroReferral Intro-H 9 Library of Congress 2016-03-22 Introduced in House IntroReferral 1000 9 Library of Congress C001097 Rep. Cárdenas, Tony [D-CA-29] Tony Cárdenas D CA 29 N F000460 Rep. Farenthold, Blake [R-TX-27] Blake Farenthold R TX 27 2016-03-22 True C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2016-04-13 False S001193 Rep. Swalwell, Eric [D-CA-15] Eric Swalwell D CA 15 2016-04-13 False M001157 Rep. McCaul, Michael T. [R-TX-10] Michael McCaul R TX T. 10 2016-04-13 False H001034 Rep. Honda, Michael M. [D-CA-17] MICHAEL HONDA D CA M. 17 2016-04-13 False P000598 Rep. Polis, Jared [D-CO-2] Jared Polis D CO 2 2016-06-10 False S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2016-09-12 False Foreign Trade and International Finance Administrative remedies Competitiveness, trade promotion, trade deficits Government studies and investigations Intellectual property Judicial review and appeals Licensing and registrations Tariffs Trade restrictions U.S. International Trade Commission Foreign Trade and International Finance 00 2016-03-22 Introduced in House 2016-06-17T19:12:30Z Trade Protection Not Troll Protection Act

This bill amends the Tariff Act of 1930, with respect to unfair practices in the import trade, to consider an industry in the United States to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design.

If the U.S. International Trade Commission (ITC), at the beginning of an investigation of an alleged unfair practice, identifies a domestic industry as the dispositive issue in question, it shall direct the assigned administrative law judge (ALJ) to:

  • expedite fact finding on the domestic industry requirement, and
  • issue an initial determination on this matter within 100 days after the investigation begins.

Any initial determination by the assigned ALJ shall stay the investigation pending ITC action.

The ITC may determine during an investigation that exclusion of the articles concerned from entry into the United States would not be in the public interest, and terminate the investigation, in whole or in part, without any further determination, after considering the nature of the articles concerned and the effect of exclusion upon:

  • the public health and welfare,
  • the U.S. economy (including competitive conditions),
  • the production of like or directly competitive articles by the complainant and its licensees, and
  • U.S. consumers.

Any person adversely affected by an ITC ruling that identifies a domestic industry as the dispositive issue in question may appeal that ruling, within 60 days after all administrative remedies are exhausted, to the U.S. Court of Appeals for the Federal Circuit.

ITC discretion not to exclude any articles concerned, even though an importer has violated the ban on unfair competition, is repealed. If the ITC also determines that exclusion would be in the public interest, it shall direct exclusion of the articles.

During an investigation, if the ITC determines there is reason to believe that an unfair import practice has occurred, and exclusion of the articles concerned would be in the public interest, the ITC may direct the exclusion the articles concerned, after considering the factors mentioned above. (Currently the ITC may not direct an exclusion until an investigation concludes and it determines, as a result of the investigation, that an unfair import trade practice has occurred.)

]]> Trade Protection Not Troll Protection Act Display Title Trade Protection Not Troll Protection Act Official Title as Introduced To amend section 337 of the Tariff Act of 1930 with respect to requirements for domestic industries, and for other purposes. Introduced in House IH Short Titles as Introduced Trade Protection Not Troll Protection Act Introduced in House 2016-03-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr4829ih/xml/BILLS-114hr4829ih.xml 2016-03-29 Referred to the Subcommittee on Trade. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.