Study On Legal Issues Of Exclusion Orders Under Section 337

"Study on Legal Issues of Exclusion Orders under Section 337", is composed of four chapters, with about 33,000 words in total. This dissertation studies certain legal issues of exclusion orders per se, explores the domestic legal basis for exclusion orders and discusses whether exclusion orders comply with the international law. It further provides the legal strategies and suggestions against the background that more and more Chinese enterprises are subject to exclusion orders under Section 337.Chapter One "Legal Issues of Exclusion Orders Per se", introduces the basic information and nature of exclusion orders under Section 337, and studies the legal basis and conditions for the issuance of exclusion orders. It particularly discusses, from the perspective of legislation and practice, the expansion of the product scope of exclusion orders, for example, general exclusion orders or orders excluding the importation of downstream products.Chapter Two "Analysis of International Trade Disputes Regarding Exclusion Orders" introduces the history of international trade disputes regarding exclusion orders and discusses the conflicting ideas relating to necessity of general exclusion orders, the real issues of dispute, and compliance issues of Section 337, arising out of the following cases respectively - Automobile Spring Assemblies (1981), Consultation requested by Canada regarding cellular mobile telephones (1987), and Section 337 of the Tariff Act of 1930 (1987).Chapter Three "Are Exclusion Orders in Compliance with GATT1994" discusses whether rules of exclusion orders under Section 337 and its amendment comply with the international law, i.e. whether they accord national treatment to imported products in accordance with Article 3-4 of GATT1994, whether Article 20 (d) applies to exclusion orders, etc..Chapter Four "China and Exclusion Orders under Section 337" analyzes the important influence of exclusion orders on Chinese enterprises and tries to provide some legal strategies and suggestion on the basis of international and domestic laws when challenging or responding to the exclusion orders.