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 of 1930 (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?
How to get there
19 CFR 12.39(b)(2)During the period the Commission's exclusion order remains in effect, excluded articles may be entered under a single entry bond in an amount determined by the International Trade Commission to be sufficient to protect the complainant from any injury. On or after the date that the Commission's determination of a violation of section 337 becomes final … articles covered by the determination will be refused entry. …
Entry under bond is available until the determination becomes final: D. (The determination typically becomes final after the presidential review period.)
Why the other choices are wrong
A) Not effective until 60 days after issuance: the order takes effect when issued. What follows is a bonded-entry period until the determination is final, not a period when the order has no effect.
B) No entry at all after issuance: wrong. § 12.39(b)(2) expressly allows entry under bond while the determination isn't yet final.
C) A basic importation bond set by CBP: it must be a single entry bond, in an amount set by the ITC, not by CBP.
Tip
If the determination becomes final, CBP notifies importers who entered under bond, and they must export or destroy the goods under customs supervision within 30 days, or face liquidated damages for the full amount of the bond (§ 12.39(b)(3)).
Source: 19 CFR 12.39(b)(1)–(3) (eCFR); 19 U.S.C. 1337.
CBP answer key: Answer D · 19 CFR 12.39, 19 CFR 113Source: CBP past exams ↗