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DEFINING MOMENTS (TRADE TERMS AND PRACTICES, BRIEFLY DEFINED): EXCLUSION ORDER

Exclusion Order

An exclusion order is a type of order that the USITC is authorized to issue as a remedy in an investigation under section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) when it determines that a violation of section 337 has occurred. Such orders bar the named product or products from entry into the United States. There are two types of exclusion orders under the statute: (1) a limited exclusion order that bars the importation of products by specific respondents determined by the Commission to be violating section 337; and (2) a general exclusion order that bars the importation of all violative products, regardless of source, where it is necessary to prevent circumvention of an exclusion order limited to violative products of named persons or when there is a pattern of violation and it is difficult to ascertain the source of the violative products. The USITC's exclusion orders are enforced by U.S. Customs and Border Protection.