By Eric Schweibenz
On February 19, 2010, the ITC issued a Notice that it intends to survey complainants who obtained exclusion orders that are currently in effect pursuant to proceedings under Section 337.  The surveys will seek feedback on the effectiveness of exclusion orders in stopping certain imports.

The proposed surveys ask complainants that have obtained outstanding exclusion orders to:  (i) evaluate whether the exclusion order has prevented the importation of items covered by the order; (ii) if not, estimate the absolute value and effect in the U.S. market of such imports; and (iii) indicate their experience in policing the exclusion order, particularly with respect to interactions with the U.S. Customs and Border Protection.

According to the notice, responses to the surveys will be voluntary and should be received no later than 60 days after publication of the notice.  The ITC has proposed two surveys – one survey relating to general exclusion orders and one survey relating to limited exclusion orders.