The end of an action brought under Section 337 in which remedial orders issue marks the beginning of a critical stage for both complainants and respondents: ensuring enforcement against infringing goods, and avoiding enforcement against non-infringing goods, respectively. Such orders can have significant effects on importers’ ability to import or sell products that are potentially covered by the ITC’s orders. The ITC’s orders can also raise the risk of significant civil penalties—up to $100,000/day or twice the value of the imported goods—for violation thereof. It is, therefore, critical to craft an appropriate and effective strategy in dealing with enforcement of ITC remedial orders.

The Bartkowski PLLC team has extensive experience navigating the multiple types of ancillary proceedings that Section 337 litigants may avail themselves of to ensure effective enforcement of ITC remedial orders. Those options include:

  • Proceedings in front of U.S. Customs and Border Protection regarding potential design-arounds;
  • Advisory and/or modification proceedings at the ITC to determine whether products are covered by ITC remedial orders;
  • Enforcement proceedings at the ITC, which can result in significant civil penalties for violation of ITC remedial orders;
  • Protest proceedings at the U.S. Court of International Trade, which relate to exclusion of imports by Customs and Border Protection.

U.S. Customs and Border Protection documentation with seal of the U.S. Department of Homeland Security

Which of these avenues will be most beneficial to a particular client is a determination that should be made by experienced counsel, with the benefit of an assessment of the administrative record from the ITC. Few bring the experience and expertise that Bartkowski PLLC can provide in making these complex assessments.

If your company has obtained an ITC remedial order, or had one issued against it, contact Bartkowski PLLC to determine whether the firm can assist you as you navigate the complex procedural and substantive landscape in determining the most beneficial enforcement strategy.