General Exclusion Orders: Enjoin Everyone

While the ITC rarely issues general exclusion orders ("GEO"), two recent cases illustrate the importance of seeking such relief in appropriate circumstances. 19 U.S.C. § 1337 gives the Commission authority to enjoin the importation of unlawful articles. Presumptively, the Commission's exclusion order "shall be limited" to the specific respondents that the Commission finds violated Section 337. Where necessary, though, the Commission is authorized to issue a "general exclusion" order. § 1337(d)(2).

A general exclusion order prohibits all importations of excluded goods, even from non-parties. (Those enjoined non-parties are permitted to appeal the Commission's order to the Federal Circuit. See LSI Computer Sys., Inc. v. ITC, 832 F.2d 588, 588 (Fed. Cir. 1987).) In addition to showing a violation of Section 337, to obtain a general exclusion order the Commission must determine a general exclusion order is necessary to prevent circumvention of an exclusion order limited