Section 337 exclusion: entry under bond until the ruling is final

What you will learn

Explain that an ITC section 337 determination is effective on Federal Register publication but becomes final only after the President's 60-day review period (beginning the day after receipt) closes or on earlier notice of approval; until finality, excluded articles may be entered under a special single-entry bond in the amount the ITC determines, filed with CBP before entry and containing the Appendix B to part 113 conditions (not a basic importation and entry bond); once final, entry is refused, and after CBP notification bond-released articles must be exported or destroyed under CBP supervision within 30 days or liquidated damages in the full bond amount are assessed.

19 CFR 12.39(a) Determinations of the International Trade Commission; 19 CFR 12.39(b)(2) Entry under bond; 19 CFR 12.39(b)(3) Notice; export or destroy within 30 days; 19 CFR 12.39(c)-(d) Seizure orders; importations by or for the United States; 19 CFR 113.74 Bond conditions to indemnify a complainant under section 337; Appendix B to 19 CFR Part 113 — Bond to Indemnify Complainant Under Section 337 · Exam cover: HTSUS 2025 Basic Edition, no supplements (not needed for this regulation-only lesson); 19 CFR cover 'Revised as of January 1, 2024'. Actual GovInfo annual edition files used here are revised as of April 1, 2024 (2024-04-01); disclosed, not relabeled as January 1.
Explained using the historical edition for this exam.