U.S. 337 investigating big stick and dancing Huawei ZTE HTC "Zhongzhao"

Last Saturday, at the China-U.S. Urban Economic Cooperation and Investment Conference held in Nanjing, Chinese and American companies signed a bilateral investment agreement worth US $ 3.4 billion, covering new energy in manufacturing. A significant portion of this is Chinese investment in the United States. This is interpreted by the outside world as a response to trade frictions, and the two sides are seeking cooperation to boost the economy.

However, this good wish was soon poured into cold water. Just when the United States actively attracted investment from China, the US International Trade Commission announced on the 25th that it launched a "337 investigation" on electronic imaging equipment produced by many companies in mainland China and Taiwan to determine whether there was patent infringement. On the 20th, the US Trade Commission also announced the launch of a "337 investigation" on synthetic rubber resins and other products produced by many Chinese companies.

The investigation involves Huawei and ZTE

The US International Trade Commission issued a statement on the 25th that the products in question were mainly mobile phones and tablets with imaging capabilities. The survey involved a total of eight companies, including Huawei Technologies Co., Ltd., ZTE Corporation in China, and HTC International Electronics Co., Ltd. in Taiwan.

The statement said that Flash Point Technology of New Hampshire in the United States filed a complaint with the US International Trade Commission on May 23 this year, alleging that the above-mentioned products imported and sold in the US market infringed on the company ’s patent, demanding that a “337 investigation” be initiated and released. Exclusion orders and import prohibition orders.

The case must be resolved within one year

The so-called "337 investigation" of the United States was first named after Article 337 of the "1930 United States Tariff Act" and has undergone several major amendments since then. According to this provision, the US International Trade Commission has the power to investigate complaints about patent and registered trademark infringement, and also conduct investigations involving theft of trade secrets, infringement of product packaging, imitation, and false advertising.

According to relevant procedures, after the US International Trade Commission initiated the "337 Investigation", the agency must determine the target time for the final ruling within 45 days and complete the investigation as soon as possible. Usually the case requires a ruling within one year. If the enterprise involved is found to have violated Article 337, the US International Trade Commission will issue an exclusion order and an import prohibition order for the relevant product, which means that the product in question will be completely disqualified from entering the US market.

Since the beginning of this year, the United States has initiated "dual counter" investigations and "337 investigations" on Chinese products, and trade protectionism has clearly increased. With the exception of individual industries exempted from sanctions, almost all products under investigation are subject to trade sanctions. The Chinese Ministry of Commerce has repeatedly stated that it hopes that the US government will abide by its commitments against trade protectionism, jointly safeguard a free, open and fair international trade environment, and properly handle trade frictions in a more rational way.

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