Friday, August 21, 2009 11:18:43 AM
Slacker/Data: Technically the Commission's exclusion order becomes effective when issued, which would be o/a Dec 14. However, Imports can still be made during the 60 day Presidential review period if a bond is posted. The bond is subject to forfeiture to IDCC if the President does not act. The President almost never disapproves the Commission's order.
FROM ITC FAQ:
21. When do Commission remedial orders become effective?
Upon issuance, Commission remedial orders are sent to the President who may then, within
60 days, disapprove them for policy reasons. Such disapprovals are rare. During this period,
called the “Presidential review period,” infringing articles may enter the United States provided
the importer posts a bond with the Customs Service in an amount determined by the
Commission. Similarly, activities prohibited by a Commission cease and desist order may
continue during the Presidential review period provided the respondent posts a bond with the
Commission. If the President does not disapprove the Commission's remedial orders within the
60 day review period, at the conclusion of that period, infringing imports may no longer be
imported and the complainant may seek to have previously posted bonds forfeited to it.
FROM ITC FAQ:
21. When do Commission remedial orders become effective?
Upon issuance, Commission remedial orders are sent to the President who may then, within
60 days, disapprove them for policy reasons. Such disapprovals are rare. During this period,
called the “Presidential review period,” infringing articles may enter the United States provided
the importer posts a bond with the Customs Service in an amount determined by the
Commission. Similarly, activities prohibited by a Commission cease and desist order may
continue during the Presidential review period provided the respondent posts a bond with the
Commission. If the President does not disapprove the Commission's remedial orders within the
60 day review period, at the conclusion of that period, infringing imports may no longer be
imported and the complainant may seek to have previously posted bonds forfeited to it.
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