Form GEO2013 General Exclusion Order--Survey

2013 USITC Survey Regarding Outstanding §337 Exclusion Orders

OMB Submission - Revised General Exclusion Survey for Commission Approval_FINAL

Survey--General Exclusion Order

OMB: 3117-0225

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2013 USITC SURVEY REGARDING OUTSTANDING § 337 EXCLUSION ORDERS
(General Exclusion Order)

In its FY 2013 Performance Plan, the Commission stated its intention of obtaining feedback on the effectiveness of its outstanding exclusion orders issued under 19 U.S.C. § 1337. Results from the questionnaire will help assess progress on the agency's goal of actively facilitating enforcement of exclusion orders. The Commission's FY 2013 Performance Plan can be viewed here (http://www.usitc.gov/press_room/documents/budget_2013.pdf) (PDF).

The Commission conducts such surveys in accordance with E.O. 12862, which directs agencies to ensure their products are customer-driven and to periodically survey customers to determine the kind and quality of services they want and their satisfaction with the existing services. Your sharing of this information is voluntary. Your individual response will be kept confidential and will not be publicly disclosed.

To navigate through this survey, please use the following interface buttons only:

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2013 USITC Survey Regarding Outstanding Section 337 Exclusion Orders

 

1.      D1. Do you believe that infringing goods covered by the General Exclusion Order issued in your investigation have been imported into the United States since the order went into effect?

 

 

Shape1 Yes  Shape2 No  Shape3 No basis to judge

 

                        Comments regarding Question 1:

 

 

Shape4

 

2.      D2. Do you believe that infringing goods covered by the General Exclusion Order issued in your investigation are being imported into the United States at this time?

 

 

Shape5 Yes  Shape6 No  Shape7 No basis to judge

 

                        Comments regarding Question 2:

 

 

Shape8

 

3.      If3. If you answered "yes" to Question No. 1 or 2, were the imported articles the same product(s) and model number(s) of the articles found to infringe at the ITC, or were the imported articles newly developed or other products that were not at issue before the ITC?  

 

 

Shape9

Same product(s) and model number(s) of the articles at issue before the ITC

 

Shape10

Newly developed or other products (including the same products with new model numbers) that were not at issue before the ITC

 

Shape11

Combination of same product(s) and model number(s) of the articles at issue before the ITC and newly developed or other products that were not at issue before the ITC

 

Shape12

Not applicable/no basis to judge

 

                        Comments regarding Question 3:

 

 

Shape13


 






 


4.      If4. If you believe there were imports of infringing goods covered by the General Exclusion Order issued in your investigation after the order went into effect, but such imports have since stopped, approximately how long after the order went into effect did the imports cease?  (If you cannot estimate how long after the order went into effect that infringing imports ceased, please select “Not applicable/no basis to judge/cannot determine” and describe what happened to these infringing imports in the comment field)

 

 

Shape14

Less than a month

 

Shape15

One month to three months

 

Shape16

Four months to a year

 

Shape17

Over a year

 

Shape18

Not applicable/no basis to judge/ cannot determine

 

                        Comments regarding Question 4:

 

 

Shape19

 

5.      If5. If you believe there were imports of infringing goods covered by the General Exclusion Order issued in your investigation after the order went into effect, what is your estimate of the value of your lost sales due to the infringing goods since the order went into effect?  (If the value was greater than $5 million, check the appropriate box but please also provide your estimate of the value of sales lost due to infringing imports to the nearest million in the comment field).

 

 

Shape20

$50,000 or less

 

Shape21

$1,000,001 to 5,000,000

 

Shape22

$50,001 to 100,000

 

Shape23

More than $5,000,000

 

Shape24

$100,001 to 500,000

 

Shape25

Not applicable/No basis to estimate

 

Shape26

$500,001 to 1,000,000

 

 

                        Comments regarding Question 5:

 

 

Shape27

 

6.      II6. If you believe there were imports of infringing goods covered by the General Exclusion Order issued in your investigation after the order went into effect, what is your estimate of the amount of your lost sales as a percentage of your total sales ([amount of lost sales ÷ your total sales] x 100) due to the infringing goods since the order went into effect?

 

 

Shape28

5.00% or less

 

Shape29

50.01 to 66.67%

 

Shape30

5.01 to 10.00%

 

Shape31

66.68 to 100.00%

 

Shape32

10.01 to 20.00%

 

Shape33

100.01% or more

 

Shape34

20.01 to 33.33%

 

Shape35

Not applicable/no basis to estimate

 

Shape36

33.34 to 50.00%

 

 

                        Comments regarding Question 6:

 

 

Shape37


 





 

 

7.      Si7. Since issuance of the General Exclusion Order in your investigation, how has the total value of U.S. imports of infringing goods covered by the General Exclusion Order changed?  (Compare a recent time period to a similar time period just before the order was issued.)

 

 

Shape38

Effectively stopped

 

Shape39

Decreased slightly

 

Shape40

Increased moderately

 

Shape41

Decreased substantially

 

Shape42

Remained about the same

 

Shape43

Increased substantially

 

Shape44

Decreased moderately

 

Shape45

Increased slightly

 

Shape46

No basis to judge

 

                        Comments regarding Question 7:

 

 

Shape47

 

8.      Si8. Since issuance of the General Exclusion Order in your investigation, to what extent have infringing goods covered by the General Exclusion Order and imported into the U.S. marketplace hurt your company's sales?

 

 

Shape48

Little to no extent

 

Shape49

Substantial extent

 

Shape50

Some extent

 

Shape51

Very great extent

 

Shape52

Moderate extent

 

Shape53

Not applicable/no basis to judge

 

                        Comments regarding Question 8:

 

 

Shape54

 

9.      Si9. Since issuance of the General Exclusion Order in your investigation, has your company used an in-house or outside investigative person or group to identify infringing goods covered by the General Exclusion Order that were intended for sale in the United States?

 

 

Shape55 Yes  Shape56 No

 

                        Comments regarding Question 9:

 

 

Shape57


 





 

10.    If10. If you answered "yes" to Question No. 9, what is your estimate of the approximate total cost to your company to maintain this investigative person or group during your company's most recently completed fiscal year?  (If the cost was greater than $500,000, please provide your estimate of the total cost at the nearest hundred thousand in the Comments field).

 

 

Shape58

$5,000 or less

 

Shape59

$100,001 to 500,000

 

Shape60

$5,001 to 10,000

 

Shape61

More than $500,000

 

Shape62

$10,001 to 50,000

 

Shape63

Not applicable/No basis to estimate

 

Shape64

$50,001 to 100,000

 

 

                        Comments regarding Question 10:

 

 

Shape65

 

11.    Si11. Since issuance of the General Exclusion Order in your investigation, has your company provided information to U.S. Customs and Border Protection to assist in the enforcement of the General Exclusion Order?

 

 

Shape66 Yes  Shape67 No  Shape68 Do not know/Not applicable

 

                        Comments regarding Question 11:

 

 

Shape69

 

12.    II 12. If you answered "yes" to Question No.11 (i.e., your company has provided information to U.S. Customs and Border Protection), has the information provided by your company led U.S. Customs and Border Protection to interdict shipments of infringing goods covered by the General Exclusion Order that were intended for sale in the United States?

 

 

Shape70 Yes  Shape71 No  Shape72 Do not know/Not applicable

 

                        Comments regarding Question 12:

 

 

Shape73


 

13. If you answered "no" to Question No. 12 (i.e., the information provided by your company did not lead U.S. Customs and Border Protection to interdict shipments of the alleged infringing goods), did U.S. Customs and Border Protection make a determination that the goods referenced in the information provided by your company are not subject to the General Exclusion Order?


 


Shape74 Yes  Shape75 No  Shape76 Do not know/Not applicable

 

Comments regarding Question 13:

 

 

Shape77



13.    If 14. If you answered "yes'' to Question No. 11 (i.e., your company has provided information to U.S. Customs and Border Protection), what is your company's level of satisfaction with U.S. Customs and Border Protection's response to the information provided by your company?

 

 

Shape78

Very satisfied

 

Shape79

Dissatisfied

 

Shape80

Satisfied

 

Shape81

Very dissatisfied

 

Shape82

Neither satisfied nor dissatisfied

 

Shape83

Not applicable/decline to comment

 

                        Comments regarding Question 14:

 

 

Shape84

 

14.    H15. Has U.S. Customs and Border Protection issued any ruling regarding whether goods are covered by the General Exclusion Order since the order went into effect?

 

 

Shape85

Yes, only ruling(s) that goods are covered by the order

 

Shape86

No, such a ruling has not been issued

 

Shape87

Yes, only ruling(s) that goods are NOT covered by the Order

 

Shape88

Do not know/not applicable

 

Shape89

Yes, both ruling(s) that some goods are covered by the order and that some goods are not covered by the order

 

 

                        Comments regarding Question 15:

 

 

Shape90

 

15.     T16. The U.S. International Trade Commission sent a letter to your counsel after issuance of the General Exclusion Order providing contact information for personnel at the U.S. International Trade Commission and U.S. Customs and Border Protection regarding enforcement measures; did you find this letter helpful?

 

 

Shape91 Yes  Shape92 No  Shape93 Not applicable/Not aware of such a letter

 

                        Comments regarding Question 16:

 

 

Shape94


 





16.    A17. Additional Comments - Do you have any additional comments pertaining to this survey or suggestions for improvement of the effectiveness or enforcement of the exclusion order(s)?

 

 

Shape95 No  Shape96 Yes.--Please explain.

 


 

 

Shape97


 






Thank you for providing your feedback. 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. 

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