Survey--Limited Exclusion Order

2013 USITC Survey Regarding Outstanding §337 Exclusion Orders

OMB Submission - FINAL LEO Survey Cover Letter

Survey--Limited Exclusion Order

OMB: 3117-0225

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O ffice of Unfair Import Anne M. Goalwin

Investigations Acting Director




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UNITED STATES INTERNATIONAL TRADE COMMISSION

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Washington, D.C.


[date]


[Mr./Ms. Order Holder

Complainant, Inc.

123 Main Street

Anytown, AnyState 12345]


Re: Survey Regarding Outstanding Section 337 Limited Exclusion Orders


Dear Mr./Ms. Order Holder:


A limited exclusion order issued by the U.S. International Trade Commission (“Commission”), that remained in effect as of [cutoff date], 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 [you/your company]. This order bars products that infringe your intellectual property rights (e.g., U.S. Patent, U.S. Trademark, U.S. Copyright, etc.) or that are otherwise tied to unfair trade practices from entry into the United States.


The Office of Unfair Import Investigations at the Commission is conducting a short survey of parties who obtained limited 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 survey questionnaire that may accessed via the Commission’s Internet server at [http link for survey] using access code [PIN #]. This access code is unique to [you/your company] and helps to ensure that only one survey is completed by each holder of a limited exclusion order, so please do not share it with anyone else. Completing the survey questionnaire electronically will help the Commission to save costs, but you may also choose to complete the enclosed copy of the survey questionnaire and mail your written responses to us.


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 be tied to unfair trade practices as 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. Any commercial or financial data furnished in response to this survey that reveals the individual operations of your firm will be treated as confidential business information 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.


The survey consists of 15 multiple choice questions, with provision for additional comments. The Commission estimates that it will require less than one 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) Andrew Martin, 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,




Anne M. Goalwin

Acting Director

Office of Unfair Import Investigations

U.S. International Trade Commission

500 E Street, S.W.

Washington, D.C. 20436

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