April 2018 — Question 58
Regarding “prohibited or restricted importations” relative to “articles involved in unfair competition,” after the U.S. International Trade Commission issues an exclusion order pursuant to 19 U.S.C. § 1337, an importer of record has the following option(s) with respect to the entry of merchandise subject to that exclusion order:
- AThe importer may enter merchandise subject to an exclusion order if the importer’s basic importation bond contains a provision authorizing such action.
- BThe importer may enter merchandise subject to an exclusion order for thirty days after the exclusion order issues, at which point the Commission’s exclusion order becomes final and entry is no longer permitted.
- CUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount determined by the U.S International Trade Commission to be sufficient to protect the complainant from any injury.✓ CBP's answer
- DUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount set by the port director to ensure compliance with the customs and related laws.
- ENone of the above because an exclusion order is effective on the date it is issued and merchandise subject to that exclusion order cannot be entered lawfully after this point. Category IX – Bonds
Why this answer
19 CFR 12.39 implements exclusion orders issued by the International Trade Commission under section 337. Under paragraph (b)(2) as tested, an exclusion order does not become final until the Presidential review period runs, and during that interim the importer may still enter the merchandise by filing a single entry bond in the amount the Commission determined sufficient to protect the complainant from injury. That makes C correct and E wrong, since entry is not instantly foreclosed on issuance. Option D is the sharpest distractor because it has the right mechanism but the wrong actor: the bond amount comes from the Commission, not the port director. Watch for: Letting the port director, rather than the International Trade Commission, set the interim single entry bond amount.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2018 examination.
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