ITC Issues General Exclusion Order for Certain Purple Protective Gloves
The International Trade Commission (ITC) has issued a general exclusion order in its section 337 investigation of certain purple protective gloves (Inv. No. 337-TA-500). The ITC has also announced that this investigation is terminated.
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The ITC instituted this investigation in November 2003 based on a complaint filed by Kimberly-Clark Corporation of Irving, TX and Safeskin Corporation of Roswell, GA which alleged violations of section 337 of the Tariff Act of 1930 in the importation and sale of certain purple protective gloves by reason of infringement of U.S. Registered Trademark Nos. 2,596,539; 2,533,260; and 2,593,382.
General Exclusion Order Prohibits Unlicensed Entry of Infringing Gloves
The ITC states that having examined the relevant portions of the record in this investigation, including the administrative law judge's (ALJ's) recommended determination, and the written submissions on remedy, the public interest, and bonding, the ITC has determined to issue a general exclusion order prohibiting unlicensed entry for consumption of purple protective gloves that infringe U.S. Registered Trademarks Nos. 2,596,539; 2,533,260; or 2,593,382.
The ITC has also determined that the public interest factors enumerated in section 337(d) do not preclude the issuance of the aforementioned remedial order.
ITC Establishes 100% Bond During Presidential Review Period
According to the ITC, the bond during the 60-day Presidential review period shall be 100% of the entered value of the articles in question.
(U.S. government sources have previously stated that in accordance with 19 CFR 12.39(b)(3), if the President accepts this exclusion order (which is expected), importers or consignees of infringing articles entered under bond during the Presidential review period would be required to export or destroy such articles under U.S. Customs and Border Protection (CBP) supervision within 30 days after being notified to do so by the applicable port director or face liquidated damages in the full amount of the bond.)
ITC Explanation of Exclusion Orders
In an FAQ regarding Section 337 investigations, the ITC has previously explained that a general exclusion order directs CBP to exclude all infringing articles without regard to source, whereas a limited exclusion order directs CBP to exclude all infringing articles that originate from a specified firm that was a respondent in the ITC investigation.
ITC contact - Michael Diehl (202) 205-3095
ITC notice (FR Pub 12/28/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28337.pdf