UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`In the Matter of
`
`.
`
`_
`CERTAIN WOVEN TEXTILE FABRICS
`AND PRODUCTS CONTAINING SAME
`
`'
`Investigation N0. 337-‘TA-976
`
`GENERAL EXCLUSION ORDER
`
`'
`
`The United States Intemational Trade Commission (“Commission”) has determined that
`
`there is a violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), in
`
`the unlawful importation and sale of certain woven textile fabrics and products containing same
`
`that are falsely advertised through the misrepresentation of thread counts.
`
`Having reviewed the record of this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, the public interest,
`
`and bonding. The Commission has determined that a general exclusion from entry for
`
`consumption is necessary because there is a pattern of violation of Section 337 and it is difficult
`
`to identify the source of
`
`falsely advertised products. Accordingly,
`
`the Commission has
`
`determined to issue a general exclusion order prohibiting the importation of woven textile fabrics
`
`andproducts containing same that are falsely advertised through the misrepresentation of thread
`
`counts (“covered products”).
`
`'
`
`The Commission has determined that the public interest factors enumerated in 19 U.S.C.
`
`§ 1337(d) do not preclude issuance of the general exclusion order, and that the bond during the
`
`Presidential review period shall be in the amount of one hundred percent (100%) of the entered
`
`value for all covered products in question.
`
`3
`
`
`
`Washington, DC
`
`In the Matter of
`
`.
`
`_
`CERTAIN WOVEN TEXTILE FABRICS
`AND PRODUCTS CONTAINING SAME
`
`'
`Investigation N0. 337-‘TA-976
`
`GENERAL EXCLUSION ORDER
`
`'
`
`The United States Intemational Trade Commission (“Commission”) has determined that
`
`there is a violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), in
`
`the unlawful importation and sale of certain woven textile fabrics and products containing same
`
`that are falsely advertised through the misrepresentation of thread counts.
`
`Having reviewed the record of this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, the public interest,
`
`and bonding. The Commission has determined that a general exclusion from entry for
`
`consumption is necessary because there is a pattern of violation of Section 337 and it is difficult
`
`to identify the source of
`
`falsely advertised products. Accordingly,
`
`the Commission has
`
`determined to issue a general exclusion order prohibiting the importation of woven textile fabrics
`
`andproducts containing same that are falsely advertised through the misrepresentation of thread
`
`counts (“covered products”).
`
`'
`
`The Commission has determined that the public interest factors enumerated in 19 U.S.C.
`
`§ 1337(d) do not preclude issuance of the general exclusion order, and that the bond during the
`
`Presidential review period shall be in the amount of one hundred percent (100%) of the entered
`
`value for all covered products in question.
`
`3
`
`
`
`
`Accordingly, the Commission hereby ORDERS that:
`
`0
`
`l.
`
`Woven textile fabrics and products containing same that are falsely advertised
`
`through the misrepresentation of thread counts are excluded from entry for consumption in the
`
`United States, entry for constunption from a foreign trade zone, or withdrawal fiom a warehouse
`
`for consumption, except as provided by law.
`
`_
`
`.
`
`2.
`
`Notwithstanding paragraph l of this Order, the aforesaid Woventextile fabrics and
`
`products containing same are entitled to entry into the United States for consumption, entry for
`
`consumption from a foreign trade zone, or withdrawal from a Warehouse for consumption, under
`
`bond in the amount of one hundred percent (100%) of the entered value of the products, pursuant
`
`to subsection (j) of Section 337 (19 U.S.C. § l337(j)) and the Presidential Memorandum for
`
`the United States Trade Representative of July 21, 2005 (70 Fed. Reg. 43,251), from the day
`
`after this Order is received by the United States Trade Representative and until such time as
`
`the United States Trade Representative notifies the Commission that this Order is approved or
`
`disapproved but, in any event, not later than sixty (60) days after the date of receipt of this Order.
`
`3.
`
`At the discretion of U.S. Customs and Border Protection (“CBP”) and pursuant to
`
`procedures that it establishes, persons seeking to import woven textile fabrics and products
`
`containing same that are potentially subject to this Order may be required to certify that they
`
`are familiar with the terms of this Order, that they have made appropriate inquiry, and thereupon
`
`state,that, to the best of their knowledge and belief, the products being imported are not excluded
`
`from entry under paragraph l of this Order. At its discretion, CBP may require persons who
`
`have provided the certification described in this paragraph to furnish such records or analyses as
`
`are necessary to substantiate this certification.
`
`'
`
`..2~
`
`
`
`4.
`
`In accordance with 19 U.S.C. § 1337(1), theprovisions of this Order shall not
`
`apply to woven textile fabrics and products containing same that are imported by or for the use
`
`of the United States, or imported for and to be used for, the United States with the authorization
`
`or consent of the Government.
`
`5.
`
`The Commission may modify this Order in accordance with the procedures
`
`described in section 210.76 of the Commission’s Rules of Practice and Procedure (19 C.F.R.
`
`§210.76).
`
`'
`
`H
`
`“
`
`6.
`
`The Secretary shall serve copies of this Order upon each party of record in this
`
`investigation and upon CBP.
`
`7.
`
`Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`Issued: March 20, 2017
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`
`
`\
`CERTAIN WOVEN TEXTILE FABRICS AND PRODUCTS
`CONTAINING SAME
`
`1
`
`Inv. N0. 337-TA-976
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby eeitify that the attached EXCLUSION ORDER has been
`served by hand upon the Commission Investigative Attorney, Vu Q. Bui, Esq., and the following
`parties as indicated, on March 20, 2017.
`-
`V
`
`Lisa R. Barton, Secretary
`U.S. lntemational Trade Commission
`500 E,Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant AAVN.Inc.:
`
`Paul F- Bfinklnflns E$q-
`QUINN EMANUEL HRQUHART & SULLIVAN, LLP
`777 6th Street NW, 11‘ Floor
`Washington, DC 20001
`
`U Via Hand Delivery
`via Express Defiven-,
`D Via First Class Mai]
`D other
`
`Resgondentz
`
`Pradip Overseas Ltd.
`104/105, Chacharwadi, Opp. Zydus Cadilla
`sarkieh Bawla Highww.
`Ahmedabad —382 213
`India
`
`l:l Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`E other
`
`'~—————
`
`
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