Section 377 investigation refers to the investigation conducted by the U.S. International Trade Commission (referred to as ITC) in accordance with Section 337 of the U.S. Tariff Act of 1930 (referred to as "Section 337") and related amendments, which usually prohibit the import of products or Unfair practices and unfair measures in products sold in the United States after importation.
According to Section 337 of the U.S. Tariff Act of 1930, the objects of the Section 337 investigation are imported products that infringe on U.S. intellectual property rights and other unfair competition in import trade. In practice, most Section 337 investigations involving infringement of U.S. intellectual property rights are directed at patent or trademark infringements, and a few investigations also involve copyright, industrial design, and integrated circuit layout design infringements. Other forms of unfair competition include infringement of trade secrets, counterfeit operations, false advertising, violation of antitrust laws, etc.
The United States International Trade Commission (USITC) is responsible for conducting Section 337 investigations. The USITC is an independent, quasi-judicial federal agency in the United States with broad investigative powers on trade-related matters. Its functions mainly include: import investigation based on intellectual property rights and taking sanctions measures; industry and economic analysis; investigation of domestic industry damage in anti-dumping and countervailing investigations; safeguard measures investigation; trade information services; trade policy support; safeguarding the United States Customs tariffs. USITC has 6 members, each with a term of 9 years.