ITC Issues General Exclusion Order for Plastic Grocery Bags

On August 10, 2004, the U.S, International trade Commission issued a "general exclusion order" for plastic grocery and retail bags that infringe U.S. Patent No. 5,188,235.

The order directs the U.S. Customs Service to exclude these articles from entry into the United States. In contrast to the typical "limited" exclusion order that excludes infringing articles that originate from a respondent named in a Section 337 complaint, a "general" exclusion order directs the U.S. Customs Service to exclude all infringing articles, without regard to source. The President who may now, within 60 days, disapprove the order for policy reasons. However, such disapproving are rare and during this "Presidential review period," infringing articles may enter the United States only if the importer posts a bond with the Customs Service equal to 80% of the entered value of the goods. If the President does not disapprove the order, then infringing imports may no longer be imported and the complainant may seek to have previously posted bonds forfeited to it.

Click here for information on enforcement of Section 337 remedial orders.