HR 2189 — Trade Protection Not Troll Protection Act

1 sponsors · 5 co-sponsors · 541 not signed on

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Frequently asked questions

What does HR 2189 do?

Trade Protection Not Troll Protection Act This bill amends the Tariff Act of 1930, with respect to unfair practices in the import trade, to consider an industry in the United States to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. If the U.S. International Trade Commission (ITC), at the beginning of an investigation of an alleged unfair practice, identifies a domestic industry as the dispositive issue in question, it shall direct the assigned administrative law judge (ALJ) to: expedite fact finding on the domestic industry requirement, and issue an initial determination on this matter within 100 days after the investigation begins. Any initial determination by the assigned ALJ shall stay the investigation pending ITC action. The ITC may determine during an investigation that exclusion of the articles concerned from entry into the United States would not be in the public interest, and terminate the investigation, in whole or in part, without any further determination, after considering the nature of the articles concerned and the effect of exclusion upon: the public health and welfare, the U.S. economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and U.S. consumers. Any person adversely affected by an ITC ruling that identifies a domestic industry as the dispositive issue in question may appeal that ruling, within 60 days after all administrative remedies are exhausted, to the U.S. Court of Appeals for the Federal Circuit. ITC discretion not to exclude any articles concerned, even though an importer has violated the ban on unfair competition, is repealed. If the ITC also determines that exclusion would be in the public interest, it shall direct exclusion of the articles. During an investigation, if the ITC determines there is reason to believe that an unfair import practice has occurred, and exclusion of the articles concerned would be in the public interest, the ITC may direct the exclusion the articles concerned, after considering the factors mentioned above. (Currently the ITC may not direct an exclusion until an investigation concludes and it determines, as a result of the investigation, that an unfair import trade practice has occurred.)

Who sponsors HR 2189?

HR 2189 is sponsored by Cárdenas, Tony (Democratic), Farenthold, Blake (Republican), Swalwell, Eric (Democratic), Issa, Darrell (Republican), Smith, Lamar (Republican), and Polis, Jared (Democratic).

What is the current status of HR 2189?

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track HR 2189?

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