Efficient Exclusions: Improving the Efficiency of United States International Trade Commission Exclusion Order Enforcement

This Note will examine post-litigation enforcement of U.S. ITC exclusion orders, as authorized under § 337 of Title 28 of the United States Code, with the goal of suggesting mechanisms to improve the efficiency of enforcement. It will also consider methods that may improve the efficiency of exclusion orders in preventing the importation and sale of products produced by non-readily identifiable manufacturers in foreign states, or products comprised of non-readily identifiable “build-up” components that may be subject to U.S. ITC exclusion orders. Finally, this Note will suggest legislative, administrative, and legal mechanisms that might improve the efficacy of enforcing such orders in accordance with constraints imposed by domestic and international legal obligations