USITC issues sweeping final order to stem 3-A China counterfeits
The order institutes a bond of 100% of entered value for the imported items subject to the general exclusion order, effective immediately.
On June 15, the U.S. International Trade Commission issued a general exclusion order (GEO) prohibiting the unlicensed importation of food processing equipment and packaging materials from China that are falsely advertised through the unlicensed use of the 3-A Symbol or ‘3A’ claim. According to McLean, Va.-based 3-A Sanitary Standards Inc. (3-A SSI), the order institutes a bond of 100% of entered value for the imported items subject to the GEO, effective immediately. The final order is subject to a 60-day period of Presidential review.
The GEO is based on initial determinations made by Administrative Law Judge David P. Shaw in February 2020 that the unlicensed use of the 3-A Symbol by certain Chinese companies “has substantially injured 3-A SSI’s domestic industry by harming the goodwill associated with the 3-A Certification Marks,” 3-A SSI said. Importantly, the full commission agreed that a sweeping GEO was justified over a more limited action, the public interest was served by such action and a bond should be imposed on the full value of the infringing items. The order will appear in the June 18 Federal Register.