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三、近年与337调查有关的法律进展近年来,美国337调查无论从程序规则还是实体法上均有显著变化,无疑,这将对涉案的中国企业产生影响。在337调查程序方面,2008年美国联邦巡回上诉法院裁判的京瓷案重要影响开始逐渐显现,这意味着更多的申请人请求ITC颁布普遍调查令且有越来越多的下游厂商被列为被申请人。同时,对于部分拒不履行ITC裁决的被申请人,ITC于2009年5月向7家中国公司开出了巨额罚单,以此警告被申请人严格服从ITC的权威。
In recent years, there have been significant changes in 337 investigations in both the procedural rules and the substantive laws. Undoubtedly, this will have an impact on the Chinese enterprises involved. In terms of the 337 investigation procedure, the significant impact of the 2008 Kyocera case brought by the U.S. Court of Appeals for the Federal Circuit began to emerge, which meant that more applicants requested that ITC issue a general investigation order and that more and more downstream manufacturers were classified as being applicant. In the meantime, for some respondents who refused to comply with the ITC’s decision, ITC issued a huge amount of tickets to seven Chinese companies in May 2009, warning the respondent of its strict obedience to ITC’s authority.