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October 2025, question 43

Entry / Entry Summary · Restricted merchandise and intellectual property

Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act of 1930 (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?

  1. The exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
  2. Merchandise subject to the exclusion order may not be entered under any circumstance after the exclusion order has issued.
  3. Merchandise subject to the exclusion order may be entered under a basic importation and entry bond in an amount set by CBP.
  4. Merchandise subject to the exclusion order may be entered under bond until the determination of a violation becomes final.
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CBP's answer: D. D: Merchandise subject to the exclusion order may be entered under bond until the determination of a violation becomes final.

Section 12.39(b)(2) says that while an ITC exclusion order is in effect, excluded articles may be entered under a single entry bond in the amount set by the ITC. Only on or after the date the ITC's determination of a violation becomes final are the articles refused entry. So entry under bond is allowed until the determination becomes final (D). The bond is a special single-transaction bond set by the ITC, not a basic importation and entry bond.

On or after the date that the Commission's determination of a violation of section 337 becomes final, as set forth in paragraph (a) of this section, articles covered by the determination will be refused entry. 19 CFR 12.39(b)(2)
excluded articles may be entered under a single entry bond in an amount determined by the International Trade Commission 19 CFR 12.39(b)(2)

Search for: excluded articles may be entered under a single entry bond

CBP's key cites: 19 CFR 12.39; 19 CFR 113.74

Question and key from CBP's October 2025 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).