October 2022 — Question 59
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?
- AThe exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
- BMerchandise 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.
- CMerchandise 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.
- DMerchandise 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.✓ CBP's answer
- EMerchandise subject to the exclusion order may not be entered after the exclusion order has issued. Category XII – Free Trade Agreement (FTA)
Why this answer
Under the cited implementing regulation, merchandise covered by an ITC section 337 exclusion order may still be entered under bond, the special bond provided for in Part 113, in an amount determined by the Commission to protect the complainant, but only until the determination of a violation becomes final; after finality the articles are refused entry, so option D is the true statement. Option B is the tempting distractor because it correctly describes a Commission-set single entry bond yet extends bonded entry until the order expires, long past the cutoff at finality, and option C wrongly substitutes the importer's basic importation bond for the special Part 113 bond. Watch for: Letting bonded entry run to the order's expiration instead of ending when the determination becomes final.
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 October 2022 examination.
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