Page:United States Statutes at Large Volume 108 Part 6.djvu/378

 108 STAT. 4946 PUBLIC LAW 103-465—DEC. 8, 1994 (A) IN GENERAL. — Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ^§ 1659. Stay of certain actions pending disposition of related proceedings before the United States International 'nrade Commission "(a) STAY. —In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the TaiiS Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Conunission, but only if such request is made within— "(1) 30 da3rs after the party is named as a respondent in the proceeding before the Commission, or "(2) 30 days after the district court action is filed, whichever is later. "(b) USE OF COMMISSION RECORD.—Notwithstanding section 337(n)(l) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rides of Civil Procedure.". (B) CLERICAL AMENDMENT.— The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: "1669. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission.". (2) COUNTERCLAIMS. —Section 1446 of title 28, United States Code, is amended by adding at the end the following: "(f) With respect to any counterclaim removed to a district court pursuant to section 337(c) of the Tariff Act of 1930, the district court shall resolve such counterclaim in the same manner as an original complaint under the Federal Rules of Civil Procedure, except that the payment of a filing fee shall not be required in such cases and the counterclaim shall relate back to the date of the original complaint in the proceeding before the International Trade Commission under section 337 of that Act". (3) JURISDICTION. — (A) IN GENERAL. — Chapter 85 of title 28, United States Code, is amended by adding at the end the following: '^§1368. Counterclaims in unfair practices in international trade. The district coiuts shall have original jurisdiction of any civil action based on a counterclaim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim in the proceeding under section 337(a) of that Act".

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