I 
115TH CONGRESS 
1ST SESSION H. R. 2189 
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 
APRIL 27, 2017 
Mr. CA´RDENAS (for himself, Mr. FARENTHOLD, Mr. SWALWELL of California, 
and Mr. ISSA) 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 ‘‘Trade Protection Not 
Troll Protection 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 indus-
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tries, to restore confidence with the trading partners of 
the United States that the Commission will not be a dupli-
cative forum for enforcing intellectual property rights 
when United States district courts are already available, 
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 
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(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-
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 
rule on such issue early in the investigation. The Commis-
sion, in its notice of instituting the investigation, shall set 
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out specific timeframes for such expedited fact finding and 
hearing. 
‘‘(B) If the Commission identifies a domestic industry 
as the dispositive issue in question, the Commission shall 
direct the assigned administrative law judge to expedite 
fact finding in the investigation on the domestic industry 
requirement, including an early evidentiary hearing, and 
to issue an initial determination on this matter within 100 
days after the investigation is instituted. 
‘‘(C) Any initial determination by the assigned ad-
ministrative law judge under subparagraph (A) or (B) 
shall stay the investigation pending Commission action.’’. 
(3) Subsection (c) is amended— 
(A) by striking the first sentence and in-
serting the following: ‘‘(1) The Commission 
shall determine, with respect to each investiga-
tion 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 
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‘‘(B) may determine during the course of the 
investigation that the exclusion of the articles under 
investigation would not be in the interest of the pub-
lic, after considering the nature of the articles con-
cerned and the effect of such exclusion upon the 
public health and welfare, the United States econ-
omy (including competitive conditions), the produc-
tion of like or directly competitive articles by the 
complainant and its licensees, United States con-
sumers, and any other relevant considerations, and 
terminate any such 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’’; 
(C) by inserting after ‘‘the Federal Circuit 
for review in accordance with chapter 7 of title 
5, United States Code.’’ the following: ‘‘In addi-
tion, any person adversely affected by a ruling 
of the Commission under subsection (b)(4) may 
appeal such ruling, within 60 days after all ad-
ministrative remedies are exhausted, to the 
United States Court of Appeals for the Federal 
Circuit for review in accordance with chapter 7 
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of title 5, United States Code. In the event that 
the Commission’s ruling is appealed under this 
subsection and upon motion by the adversely af-
fected party, the Commission shall stay all fur-
ther proceedings in the investigation until all 
appeals are final.’’; 
(D) by striking ‘‘its findings on the public 
health and welfare, competitive conditions in 
the United States economy,’’ and inserting ‘‘its 
findings on the public health and welfare, the 
United States economy (including competitive 
conditions),’’; and 
(E) by inserting ‘‘by the complainant and 
its licensees’’ after ‘‘the production of like or di-
rectly competitive articles’’. 
(4) Subsection (d)(1) is amended by striking 
the first sentence and inserting the following: ‘‘If the 
Commission determines, as a result of an investiga-
tion under this section, that there is a violation of 
this section and that exclusion of the articles con-
cerned would be in the interest of the public, after 
considering the nature of the articles concerned and 
the effect of such exclusion upon the public health 
and welfare, the United States economy (including 
competitive conditions), the production of like or di-
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rectly competitive articles by the complainant and its 
licensees, United States consumers, and any other 
relevant considerations, the Commission shall direct 
that the articles concerned that are imported by any 
person violating the provision of this section be ex-
cluded from entry into the United States.’’. 
(5) Subsection (e)(1) is amended by striking 
the first sentence and inserting the following: ‘‘If, 
during the course of an investigation under this sec-
tion, the Commission determines that there is reason 
to believe that there is a violation of this section and 
that exclusion of the articles concerned would be in 
the interest of the public, the Commission may di-
rect that the articles concerned that are imported by 
any person with respect to whom there is reason to 
believe that such person is violating this section be 
excluded from entry into the United States, after 
considering the nature of the articles concerned and 
the effect of such exclusion upon the public health 
and welfare, the United States economy (including 
competitive conditions), the production of like or di-
rectly competitive articles by the complainant and its 
licensees, United States consumers, and any other 
relevant considerations.’’. 
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(6) Subsection (f)(1) is amended by striking the 
first sentence and inserting the following: ‘‘In addi-
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 exclusion upon the 
public health and welfare, the United States econ-
omy (including competitive conditions), the produc-
tion of like or directly competitive articles by the 
complainant and its licensee, United States con-
sumers, and any other relevant considerations.’’. 
(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 upon 
the public health and welfare, the United States economy 
(including competitive conditions), the production of like 
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or directly competitive articles by the complainant and its 
licensees, United States consumers, and any other relevant 
considerations.’’. 
(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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