2016 April No.80 – Intellectual Property Rights


Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?

a) The exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.

b) Merchandise subject to the exclusion order may be entered under a single entry bond, in an amount set by the ITC, from the time the exclusion order issues until the time it expires.

c) Merchandise subject to the exclusion order may be entered under bond, in an amount set by the ITC that is secured by the importer’s basic importation bond.

d) Merchandise subject to the exclusion order may be entered under bond as provided for in 19 CFR 113, until the determination of a violation becomes final.

e) Merchandise subject to the exclusion order may not be entered after the exclusion order has issued.

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The Answer is: D

Citation: As provided for in 19 CFR 12.39(b)(2), an importer may enter merchandise subject to the exclusion order under the special importation
and entry bond set forth in Appendix B to 19 CFR 113, until such time as the violation becomes final.

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