Title: Advancing America’s Interests Act
Policy area: Foreign Trade and International Finance

Summary:
Advancing America's Interests Act
This bill limits the ability of certain persons (e.g., patent or trademark holders) to bring complaints before the U.S. International Trade Commission (ITC), and it requires the ITC to consider the public interest when determining whether to exclude articles that are under investigation.
A complainant before the ITC must satisfy a domestic industry requirement obliging them to have made significant investment in the United States related to the articles that are the subject of the matter. One method to establish domestic industry is through reliance on licensing activities.
The bill requires a complainant attempting to demonstrate domestic industry through licensing activities to show that those activities led to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design at issue. Further, the bill prohibits a complainant from relying upon activities by a licensee to demonstrate domestic industry unless the license 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.
In addition, the bill requires the ITC to determine that any exclusion of articles pursuant to an investigation is in the public interest. The ITC must also identify at the beginning of an investigation whether the matter involves a dispositive issue that is appropriate for expedited initial determination and direct the assigned judge to issue such determination not later than 100 days after the investigation is instituted.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5184 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5184

    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

                           September 7, 2021

 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 Representatives 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 resources of the 
United States International Trade Commission are focused on protecting 
genuine domestic industries 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 
                        subparagraph (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 activities that 
        leads to the adoption and development of articles that 
        incorporate the patent, copyright, trademark, 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 license 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 complaint 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 beginning of an 
investigation, whether the investigation presents 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 administrative law 
judge under subparagraph (A) shall stay the investigation pending 
Commission action.''.
            (3) Subsection (c) is amended--
                    (A) by striking the first sentence and inserting 
                the following: ``(1) 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 investigation, in whole or in part, without 
        making such a determination; or
            ``(B) may determine during the course of the investigation 
        that the exclusion of articles under investigation would not 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 
        directly competitive articles by the complainant and its 
        licensees, and United States consumers, 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 following:
    ``(2) Each determination'';
                    (C) 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
                    (D) by inserting ``by the complainant and its 
                licensees'' after ``the production of like or directly 
                competitive articles in the United States''.
            (4) Subsection (d)(1) is amended by striking the first 
        sentence and inserting the following: ``(1) If the Commission 
        determines, as a result of an investigation under this section, 
        that there is both (A) a violation of this section and (B) 
        exclusion of the articles concerned is 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 directly competitive 
        articles in the United States by complainant and its licensees, 
        and United States consumers, then the Commission shall direct 
        that the articles concerned that are imported by any person 
        violating the provisions of this section be excluded 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 section, 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 direct 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 
        directly competitive articles in the United States by the 
        complainant and its licensees, and United States consumers.''.
            (6) Subsection (f)(1) is amended by striking the first 
        sentence and inserting the following: ``In addition 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 believed to be violating this 
        section, as the case may be, an order directing such person to 
        cease and desist from engaging in the unfair methods or acts 
        involved, after considering the nature of the articles 
        concerned and the effect of such order upon the public 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 exclusion 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 production of like or directly 
competitive articles in the United 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.
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