I 
113TH CONGRESS 
2D SESSION 
H. R. 4763 
To amend the Tariff Act of 1930 with respect to requirements for domestic 
industries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 29, 2014 
Mr. CA´RDENAS (for himself and Mr. FARENTHOLD) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend 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 ‘‘Trade Protection Not 
Troll Protection Act’’. 
SEC. 2. 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)— 
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(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) and 
following: 
‘‘(4) For purposes of paragraph (3), the complainant 
may not rely upon activities by its licensees unless the li-
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 by adding at the 
end the following: 
‘‘(4)(A) Whenever a complaint relies, in whole 
or in part, on activity falling under subparagraph 
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(C) or (D) of subsection (a)(3) in order to meet the 
legal standard set forth in subsection (a)(3), the 
Commission may not initiate an investigation until 
the Commission has first conducted a preliminary 
investigation of whether it is likely that an industry 
in the United States exists or is in the process of 
being established within the meaning of subsection 
(a)(2). 
‘‘(B) In the preliminary investigation under 
subparagraph (A), the complainant’s case shall be 
limited to the assertions and evidence set forth in 
the complaint, and confidential business information 
contained in the complaint that may be disclosed 
under protective order, and the Commission shall ac-
cept additional facts, evidence, and argument from 
named respondents and the public. 
‘‘(C) The Commission shall render its deter-
mination in the preliminary investigation under this 
paragraph not later than 45 days after the filing of 
the complaint. If the Commission finds that it is not 
likely that an industry in the United States exists or 
is in the process of being established, the Commis-
sion may not initiate an investigation of the matter 
alleged in the complaint.’’. 
(3) Subsection (c) is amended— 
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(A) by striking the first sentence and in-
serting the following: ‘‘The Commission shall 
determine, with respect to each investigation 
conducted by it under this section, whether or 
not there is a violation of this section, except 
that the Commission— 
‘‘(A) may, by issuing a consent order or on the 
basis of an agreement between the private parties to 
the investigation, including an agreement to present 
the matter for arbitration, terminate any such inves-
tigation, in whole or in part, without making such 
a determination; or 
‘‘(B)(i) may determine during the course of the 
investigation that the articles under investigation 
should not be excluded from entry based upon con-
sideration of the public interest, including the effect 
of such exclusion upon the public health and welfare, 
competitive conditions in the United States economy, 
the production of like or directly competitive articles 
in the United States, United States consumers, 
whether protected articles in the United States will 
be protected by an exclusion order, and whether the 
complainant or its licensees can meet market de-
mand for protected articles; and 
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‘‘(ii) upon a finding under clause (i) that the 
articles should not be excluded, shall terminate the 
investigation, in whole or in part, without making 
any further determination.’’; 
(B) in the second sentence, by striking 
‘‘Each determination’’ and inserting the fol-
lowing: 
‘‘(2) Each determination’’; and 
(C) in the third sentence, by striking ‘‘eq-
uitable defenses’’ and inserting ‘‘equitable de-
fenses, including equitable defenses and prin-
ciples applied to any remedy considered in 
United States district courts,’’. 
(4) Subsection (d)(1) is amended— 
(A) by striking ‘‘considering the effect of 
such exclusion upon the public health and wel-
fare,’’ and inserting ‘‘considering equitable de-
fenses and principles and the effect of such ex-
clusion upon the public interest, including the 
public health and welfare,’’; and 
(B) by striking ‘‘and United States con-
sumers,’’ and inserting ‘‘United States con-
sumers, whether protected articles in the 
United States will be protected by an exclusion 
order, and whether the complainant or its li-
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censees can meet market demand for protected 
articles,’’. 
(5) Subsection (e)(1) is amended— 
(A) by striking ‘‘considering the effect of 
such exclusion upon the public health and wel-
fare,’’ and inserting ‘‘considering equitable de-
fenses and principles and the effect of such ex-
clusion upon the public interest, including the 
public health and welfare,’’; and 
(B) by striking ‘‘and United States con-
sumers,’’ and inserting ‘‘United States con-
sumers, whether protected articles in the 
United States will be protected by an exclusion 
order, and whether the complainant or its li-
censees can meet market demand for protected 
articles,’’. 
(6) Subsection (f)(1) is amended— 
(A) by striking ‘‘considering the effect of 
such exclusion upon the public health and wel-
fare,’’ and inserting ‘‘considering equitable de-
fenses and principles and the effect of such ex-
clusion upon the public interest, including the 
public health and welfare,’’; and 
(B) by striking ‘‘and United States con-
sumers,’’ and inserting ‘‘United States con-
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sumers, whether protected articles in the 
United States will be protected by an exclusion 
order, and whether the complainant or its li-
censees can meet market demand for protected 
articles,’’. 
(7) Subsection (g)(1) is amended, in the matter 
following subparagraph (E)— 
(A) by striking ‘‘considering the effect of 
such exclusion upon the public health and wel-
fare,’’ and inserting ‘‘considering equitable de-
fenses and principles and the effect of such ex-
clusion upon the public interest, including the 
public health and welfare,’’; and 
(B) by striking ‘‘and United States con-
sumers,’’ and inserting ‘‘United States con-
sumers, whether protected articles in the 
United States will be protected by an exclusion 
order, and whether the complainant or its li-
censees can meet market demand for protected 
articles,’’. 
(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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