2010 USITC Survey Regarding Outstanding 337 Exclusion Orders

Office of
Unfair Import Investigations

UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C. 20436

[date]

Mr. IP Holder
Complainant, Inc.
123 Main Street
Anytown, USA 12345
Re: Survey regarding outstanding Section 337 exclusion orders
Dear Mr. IP Holder:
On [_____________, _____], the U.S. International Trade Commission (“the Commission”)
issued an exclusion order that currently bars [PRODUCTS] that infringe [claims __ of U.S. Patent No.
________/U.S. Trademark Registration No. _______/ U.S. Copyright No. ________/
COMPLAINANT’S NAME’S trade dress for ___________/ and/or COMPLAINANT’S NAME’S
common law trademark for _________] from entry into the United States. This order was entered at
the conclusion of an investigation under Section 337 of the Tariff Act of 1930 (19 U.S.C. §1337) that was
initiated after receipt of a complaint filed by [COMPLAINANT’S NAME].
The Office of Unfair Import Investigations at the Commission is conducting a survey of parties
such as yourself who obtained exclusion orders from the Commission that are still in effect. This survey
is an outgrowth of the Commission’s strategic planning efforts and is intended to help the Commission
assess the effectiveness of Section 337 exclusion orders. We ask for your help by completing the
enclosed survey and mailing it to us in the enclosed return envelope within 10 days of receipt.
Participation in this survey is strictly voluntary.
The thrust of the survey is twofold. First, we are interested in learning about whether the
Commission’s exclusion order has prevented the importation of goods that have been found to infringe
the intellectual property rights identified above. If imports have continued, we would like to know both
the magnitude and the effect on the U.S. market of such imports. Second, we would like to learn about
your experience in policing the exclusion order, including any investigatory efforts you have undertaken
and any interactions you may have had with U.S. Customs and Borders Protection. Any commercial or
financial data furnished in response to this survey that reveals the individual operations of your firm will
be treated as confidential by the Commission to the extent that such data is not otherwise available to the
public and will not be disclosed except as may be required by law.

Mr. IP Holder
[date]
Page 2
The Commission estimates that it will require less than 1 hour to complete the survey. If you
have any comments concerning the accuracy of this estimate or any suggestions for further simplifying
the survey, please direct them to (1) Office of Management and Budget, Office of Information and
Regulatory Affairs, Room 10102 (Docket Library), Washington, DC 20503, ATTENTION: Docket
Librarian, and (2) Stephen McLaughlin, Chief Information Officer, Office of the Chief Information
Officer, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C. 20436, who is the
Commission’s designated Senior Official under the Paperwork Reduction Act.
Thank you very much for assisting the Commission with this survey. Should you have any
questions, please do not hesitate to call me at 202-205-2560.
.

Sincerely,

Lynn I. Levine
Director
Office of Unfair Import Investigations
U.S. International Trade Commission
500 E Street, S.W.
Washington, D.C. 20436