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CBP Rulemaking Would Allow for More Debate of ITC Exclusion Orders Before Binding Rulings, Says CBP
November 13, 2014 |Customs

A possible change to CBP administrative ruling regulations could allow the agency to consider the arguments from multiple sides before issuing an administrative ruling on CBP enforcement of International Trade Commission exclusion orders, said CBP's Office of International Trade. CBP said it is considering a proposal to update the regulations to allow for an inter partes procedure, rather than the current ex parte procedures (see 1411120005). "It is contemplated that the inter partes process would be required as a condition for issuance of a ruling either to the importer/respondent or to the ITC complainant prior to importation of articles potentially subject to an exclusion order," said the Office of International Trade in an email. "This process once established in the regulations would afford CBP the opportunity to hear from both parties and allow each to make arguments while rebutting those of the other before issuance of binding administrative rulings." Commenters on a inter-agency review of patent exclusion orders (see 13061916) asked that CBP "create an inter partes process with a view to enhancing the efficiency, transparency and efficacy of exclusion order enforcement," said CBP.