Editor’s Note: The following is an excerpt from the GAO report, Intellectual Property: U.S. Customs and Border Protection Could Better Manage Its Process to Enforce Exclusion Orders.
From: GAO
The Department of Homeland Security’s U.S. Customs and Border Protection (CBP) uses two processes to enforce exclusion orders issued by the U.S. International Trade Commission (ITC): a four-phase process to detect and deny entry to or seize infringing products at U.S. ports and an administrative ruling process that determines in advance of importing whether products are covered by exclusion orders.
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The 94 exclusion orders covered a range of products, such as electronic goods; machinery parts; plastic plates, lids, footwear, and toys; motor vehicle parts and accessories; energy drinks; and cigarettes.
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We found that for about one-fourth of the exclusion orders in effect during our review, CBP had not posted trade alerts on its intranet until after our data request. Without an alert, it would be difficult for CBP components to enforce an exclusion order. Second, CBP lacks an established procedure that would enable it to routinely determine those exclusion orders that are candidates for ITC rescission, potentially resulting in fewer exclusion orders and trade alerts to manage, which would allow CBP to better focus its enforcement efforts. Third, CBP has not established a time frame for trade alert issuance in CBP’s guidance, which prevents management from monitoring timeliness in issuing trade alerts. In our 2008 report examining CBP’s intellectual property enforcement, we found similar weaknesses in its management of exclusion order enforcement. Lacking guidance on time frames for key steps in exclusion order enforcement, CBP officials cannot hold staff accountable for timely enforcement, which is critical to reducing the risk of infringing products entering U.S. commerce.
