ITC Issues General Exclusion Order for Certain Plastic Grocery and Retail Bags
The International Trade Commission (ITC) has issued a general exclusion order in its section 337 investigation of certain plastic grocery and retail bags (Inv. 337-TA-492). The ITC has also announced that this investigation is terminated.
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The ITC instituted this investigation in May 2003 based on a complaint filed by Superbag Corp. (Superbag) of Houston, TX which alleged violations of section 337 of the Tariff Act of 1930 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain T-styled plastic grocery and retail bags that infringe on one or more of claims 1-8 and 15-19 of Superbag's U.S. Patent No. 5,188,235.
General Exclusion Order Prohibits Unlicensed Entry of Infringing Bags
The ITC states that having reviewed the record in this investigation, including the written submission of the parties, it has determined that the appropriate form of relief is a general exclusion order prohibiting the unlicensed entry for consumption of plastic grocery and retail bags that infringe one or more of claims 1-8 and 15-19 of U.S. Patent No. 5,188,235.
The ITC has also determined that the public interest factors enumerated in subsection (d) of section 337 do not preclude the issuance of the aforementioned general exclusion order.
ITC Establishes 80% Bond During Presidential Review Period
According to the ITC, the bond during the 60-day Presidential review period shall be in the amount of 80% 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 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 a FAQ regarding Section 337 investigations, the ITC has previously explained that a general exclusion order directs U.S. Customs and Border Protection (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 - Andrea Casson (202) 205-3105
ITC Notice (FR Pub 08/13/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18521.pdf