19 CFR Part 12 · 6 questions
19 CFR 12.39 — Imported articles involving unfair methods of competition or practices.
Past customs broker license exam questions whose answer rests on 19 CFR 12.39. Drawn from 6 released sittings, April 2018 through October 2025. Every question below is a real released question with the answer CBP credited, the authority it rests on, and an explanation of why that answer is right.
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April 2018, Q58. Regarding “prohibited or restricted importations” relative to “articles involved in unfair competition,” after the U.S. International Trade Commission issues an exclusion order pursuant to 19 U.S.C. § 1337, an importer of record has the following option(s) with respect to the entry of merchandise subject to that exclusion order:
- AThe importer may enter merchandise subject to an exclusion order if the importer’s basic importation bond contains a provision authorizing such action.
- BThe importer may enter merchandise subject to an exclusion order for thirty days after the exclusion order issues, at which point the Commission’s exclusion order becomes final and entry is no longer permitted.
- CUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount determined by the U.S International Trade Commission to be sufficient to protect the complainant from any injury.
- DUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount set by the port director to ensure compliance with the customs and related laws.
- ENone of the above because an exclusion order is effective on the date it is issued and merchandise subject to that exclusion order cannot be entered lawfully after this point.
Show the answer and explanation
The correct answer is C because 19 CFR 12.39(b)(2) explicitly permits entry of merchandise subject to an exclusion order until the order becomes final, provided the importer files a single entry bond with CBP in an amount determined by the U.S. International Trade Commission to protect the complainant. This directly supports option C. Option A is incorrect because the rule does not reference a basic importation bond provision; the authority focuses on a single entry bond. Option B is wrong because the 30-day period mentioned in the text pertains to petitions after seizure, not a grace period for entry. Option D is incorrect because the bond amount is determined by the Commission, not the port director. Option E is invalid because the exclusion order does not immediately prevent entry; entry is allowed with the specified bond until the order becomes final.
April 2026, Q67. Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act of 1930 (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?
- AThe exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
- BMerchandise subject to the exclusion order may not be entered under any circumstance after the exclusion order has been issued.
- CMerchandise subject to the exclusion order may be entered under a basic importation and entry bond in an amount set by CBP.
- DMerchandise subject to the exclusion order may be entered under bond until the determination of a violation becomes final.
Show the answer and explanation
The correct answer is D because 19 CFR 12.39(b) states that exclusion orders issued by the USITC are enforceable by CBP, but enforcement occurs only after the determination of a violation becomes final. This aligns with the rule that merchandise may be entered under bond until the determination is final, as the exclusion order does not immediately prevent entry. Option A is incorrect because the text does not mention a 60-day delay; the authority does not specify such a period. Option B is incorrect because the exclusion order does not prohibit entry entirely until the determination is final, as the text allows entry under bond during the interim. Option C is incorrect because the text does not reference a "basic importation and entry bond" or CBP setting its amount, making this detail unsupported by the cited authority.
October 2018, Q74. In regard to “prohibited or restricted importations” relative to “articles involved in unfair competition,” after the U.S. International Trade Commission issues an exclusion order pursuant to 19 U.S.C. 1337, an importer of record has the following option(s) with respect to the entry of merchandise subject to that exclusion order:
- AThe importer may enter merchandise subject to an exclusion order if the importer’s basic importation bond contains a provision authorizing such action.
- BThe importer may enter merchandise subject to an exclusion order for thirty days after the exclusion order issues, at which point the Commission’s exclusion order becomes final and entry is no longer permitted.
- CUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount determined by the U.S International Trade Commission to be sufficient to protect the complainant from any injury.
- DUntil the time the Commission’s exclusion order becomes final, the importer may enter merchandise subject to the exclusion order by filing a single entry bond with CBP in an amount set by the port director to ensure compliance with the customs and related laws.
- ENone of the above because an exclusion order is effective on the date it is issued and merchandise subject to that exclusion order cannot be entered lawfully after this point.
Show the answer and explanation
The correct answer is C because 19 CFR 12.39(b)(2) explicitly permits entry of merchandise subject to an exclusion order until the order becomes final, provided the importer files a single entry bond with CBP in an amount determined by the U.S. International Trade Commission to protect the complainant from injury. Option A is incorrect because the regulation does not mention provisions in a basic importation bond authorizing such action. Option B is incorrect because the regulation does not specify a 30-day grace period; the exclusion order becomes final through administrative processes, not a fixed timeline. Option D is incorrect because the bond amount is determined by the Commission, not the port director. Option E is incorrect because the regulation allows entry with a bond until the exclusion order becomes final, not immediately upon issuance.
October 2019, Q72. Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?
- AThe exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
- BMerchandise subject to the exclusion order may be entered under a single entry bond, in an amount set by the ITC, from the time the exclusion order issues until the time it expires.
- CMerchandise subject to the exclusion order may be entered under bond, in an amount set by the ITC that is secured by the importer’s basic importation bond.
- DMerchandise subject to the exclusion order may b e entered under bond as provided for in 19 CFR 113, until the determination of a violation becomes final.
- EMerchandise subject to the exclusion order may not be entered after the exclusion order has issued.
Show the answer and explanation
The correct answer is D because 19 CFR 12.39(b)(2) explicitly permits merchandise subject to an exclusion order to be entered under bond as provided in 19 CFR 113 until the Commission’s determination becomes final. This aligns with the rule that entry is allowed under bond during the period the exclusion order is in effect, but not after the determination becomes final. Option A is incorrect because the text does not mention a 60-day delay; the exclusion order is effective immediately. Option B is incorrect because the bond amount is determined by the ITC, not set by the ITC, and the timing is not fully accurate. Option C is incorrect because the bond is not secured by the importer’s basic importation bond but by a single entry bond with conditions from 19 CFR 113. Option E is incorrect because entry under bond is permitted until the determination becomes final, not prohibited immediately.
October 2022, Q59. Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?
- AThe exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
- BMerchandise subject to the exclusion order may be entered under a single entry bond, in an amount set by the ITC, from the time the exclusion order issues until the time it expires.
- CMerchandise subject to the exclusion order may be entered under bond, in an amount set by the ITC, that is secured by the importer’s basic importation bond.
- DMerchandise subject to the exclusion order may be entered under bond as provided for in 19 CFR 113, until the determination of a violation becomes final.
- EMerchandise subject to the exclusion order may not be entered after the exclusion order has issued.
Show the answer and explanation
The correct answer is D because 19 CFR 12.39(b)(2) explicitly states that merchandise subject to an exclusion order may be entered under bond as provided in 19 CFR 113 until the Commission’s determination becomes final. This aligns with the regulation’s requirement that entries are allowed under bond during the period the exclusion order is in effect, but are refused once the determination is final. Option A is incorrect because the regulation does not mention a 60-day delay; exclusion orders take effect immediately. Option B is incorrect because the bond amount is set by the ITC, not the exclusion order’s expiration. Option C is incorrect because the bond must be a single entry bond with conditions from appendix B to part 113, not the importer’s basic bond. Option E is incorrect because merchandise may be entered under bond until the determination becomes final, not prohibited entirely.
October 2025, Q43. Which of the following is TRUE with respect to imported merchandise after the U.S. International Trade Commission (ITC) finds a violation of section 337 of the Tariff Act of 1930 (19 USC 1337) and issues an exclusion order, as implemented by CBP under 19 CFR 12.39?
- AThe exclusion order is not effective until 60 days after issuance, at which point merchandise subject to the exclusion order no longer may be entered.
- BMerchandise subject to the exclusion order may not be entered under any circumstance after the exclusion order has issued.
- CMerchandise subject to the exclusion order may be entered under a basic importation and entry bond in an amount set by CBP.
- DMerchandise subject to the exclusion order may be entered under bond until the determination of a violation becomes final.
Show the answer and explanation
The correct answer is D because 19 CFR 12.39 specifies that exclusion orders are enforceable by CBP, but merchandise may be entered under bond until the determination of a violation becomes final, reflecting the procedural timeline for enforcement. Option A is incorrect because the cited authority does not mention a 60-day delay; the exclusion order becomes effective immediately upon issuance. Option B is incorrect because the text does not state that entry is prohibited under all circumstances after the order is issued, as exceptions exist (e.g., for U.S. government imports). Option C is incorrect because the cited authority does not reference CBP setting the bond amount for basic importation.
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