I 
116TH CONGRESS 
2D SESSION 
H. R. 8037 
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 
AUGUST 14, 2020 
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 Representa-
tives 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 re-
sources of the United States International Trade Commis-
sion are focused on protecting genuine domestic industries 
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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 sub-
paragraph (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 activi-
ties that leads to the adoption and development of 
articles that incorporate the patent, copyright, trade-
mark, 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 li-
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cense 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 com-
plaint 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 begin-
ning of an investigation, whether the investigation pre-
sents 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 ad-
ministrative law judge under subparagraph (A) shall stay 
the investigation pending Commission action.’’. 
(3) Subsection (c) is amended— 
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tion 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 be-
lieved to be violating this section, as the case may 
be, an order directing such person to cease and de-
sist from engaging in the unfair methods or acts in-
volved, after considering the nature of the articles 
concerned and the effect of such order upon the pub-
lic 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 ex-
clusion 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 produc-
tion of like or directly competitive articles in the United 
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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. 
Æ 
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