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April 2026, question 67

Valuation, Appraisement and Duty Assessment · 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 been 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.

While an ITC exclusion order is in effect, excluded articles may be entered under a single entry bond in an amount the Commission sets, and only after the determination of a violation becomes final are the articles refused entry (12.39(b)(2)). So entry under bond is possible until the determination is final, and D is right. B and A are wrong because entry under bond is allowed, and C is wrong because the bond is a single entry bond, not a basic importation and entry bond.

excluded articles may be entered under a single entry bond in an amount determined by the International Trade Commission to be sufficient to protect the complainant from any injury 19 CFR 12.39(b)(2)
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)

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

CBP's key cites: 19 CFR 12.39

Question and key from CBP's April 2026 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).