Parties seeking return or forfeiture must comply with the requirements set forth under Commission Rules 210.50(d), 19 C.F.R. § 210.50(d) (remedial order bonds), or 210.68, 19 C.F.R. § 210.68 (temporary relief order (“TEO”) bonds). A party seeking return or forfeiture of a bond must file a motion with the Administrative Law Judge (“ALJ”) who last presided over the investigation or, if that ALJ is no longer employed by the Commission, with the Chief ALJ. For remedial order bonds, a party must file the motion, pursuant to Rule 210.50(d)(1), 19 C.F.R. § 210.50(d)(1): (1) within 90 days after the expiration of the period of Presidential review under 19 U.S.C. § 1337(j); or (2) if any appeal is taken from the Commission’s determination, within 30 days after the resolution of the appeal. For TEO bonds, a party must file the motion, pursuant to 210.70(a), 19 C.F.R. § 210.70(a), within 30 days after filing of the Commission determination regarding the TEO. Bonds that are not requested in the period of time allotted will be released to the General Fund of the Treasury.
Pursuant to Commission Rules 210.50(d)(3), 19 C.F.R. § 210.50(d)(3), and 210.70(c), 19 C.F.R. § 210.70(c), the ALJ will issue an Initial Determination (“ID”) to grant or deny the motion for bond forfeiture or return in the investigation. Within 45 days, the Commission will determine whether to review the ID. The Commission will issue a notice detailing its decision regarding bond return or forfeiture.
If a party seeks return or forfeiture of cease and desist order bond, once the Commission has determined not to review, or affirms upon review, the ID granting the return or forfeiture of bond, the party’s counsel should contact the Secretary to the Commission via email at 337Bonds@usitc.gov and attach the Commission’s notice not to review, or affirming, the ID granting return or forfeiture of the bond. In the email, counsel should indicate the following:
- To whom the draft is to issue: (client or Firm)
- Mailing address
- Banking information – Routing number and Account number
- Which type of account (i.e. checking or savings)
- Tax ID number
The Secretary will forward this information to the Commission’s Office of Finance for processing. Once the bond return or forfeiture is processed, the Office of Finance will contact the Secretary and the Secretary will send confirmation of processing to the requesting party’s counsel.
If a party seeks return or forfeiture of an exclusion order bond, after the Commission determines not to review, or affirms upon review, the ID granting the return or forfeiture of bond, the party’s counsel should contact the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection at email@example.com.