Tariff Programs
Section 337 — ITC Exclusion Orders and Border Enforcement
Quick answer
Section 337 authorizes the USITC to block imports of articles infringing US intellectual property. Remedies are exclusion orders (CBP-enforced at entry) rather than duties. Three forms: GEO, LEO, and Cease and Desist Orders.
What it is
Section 337 of the Tariff Act of 1930 authorizes the US International Trade Commission to investigate and remedy unfair acts in the importation of articles into the United States — most commonly patent infringement, but also trademark infringement, trade-secret misappropriation, and certain other unfair acts. The remedy in a Section 337 case is an exclusion order enforced by CBP at the border, not a duty.
There are three forms of Section 337 remedy. A Limited Exclusion Order (LEO) directs CBP to exclude infringing articles imported by specifically named respondents. A General Exclusion Order (GEO) directs CBP to exclude any infringing article regardless of who imports it, and is reserved for cases of widespread infringement where identifying all sources is impractical. A Cease and Desist Order (CDO) prohibits a respondent from selling, marketing, or distributing infringing articles already imported.
Unlike tariffs, Section 337 remedies are binary — covered articles either enter or they don't. Brokers and importers should monitor pending Section 337 investigations against their HTS scope, because an unfavorable order can shut down imports of specific articles with little advance notice. Active orders are published in the USITC's Electronic Document Information System (EDIS).
Current rates
| Tier | Rate | Notes |
|---|---|---|
| Limited Exclusion Order (LEO) | Article blocked | Named respondents only |
| General Exclusion Order (GEO) | Article blocked | Any importer of infringing article |
| Cease and Desist Order (CDO) | Domestic sale blocked | Prevents sale of already-imported inventory |
No duty rate — Section 337 remedies are binary border-enforcement actions. CDO violations carry civil penalties up to $100,000/day or 2× the value of the infringing goods.
Affected HTS codes
Highly product-specific. Active orders span consumer electronics (HTSUS 8528, 8517, 8542), pharmaceuticals (HTSUS 30), industrial equipment, and many other categories.
For any specific code, use the HTS Lookup to see the full stack, current rate, and recent change history.
Recent changes
No recent Section 337 changes detected in the last 90 days. We poll the Federal Register, USTR notices, and USITC HTSUS daily — this list refreshes automatically.
Primary sources
- USITC EDIS — Section 337 case documents →
- USITC — Section 337 investigations overview →
- CBP — IPR enforcement at the border →
Related tools
Frequently asked questions
How is a Section 337 exclusion order enforced?
CBP enforces exclusion orders at entry. For an LEO, CBP flags the named respondents in the import-enforcement system. For a GEO, CBP officers examine entries for articles that infringe the asserted intellectual property regardless of importer.
What's the difference between an LEO and a GEO?
An LEO names specific respondents and blocks only their imports. A GEO blocks any importer of the infringing article. GEOs are reserved for cases where the USITC finds widespread infringement and difficulty identifying all sources.
Can I monitor pending Section 337 investigations that affect my HTS scope?
Yes — the USITC's EDIS system publishes case filings and final orders. TariffDesk's pipeline polls EDIS daily and surfaces active Section 337 orders alongside affected HTS codes.
What's the penalty for violating a Cease and Desist Order?
Civil penalties of up to $100,000 per day of violation or twice the value of the infringing goods, whichever is greater. Enforcement is through USITC contempt proceedings and federal court actions.
Related
- Methodology — how TariffDesk computes the duty stack and verifies sources.
- Tariff glossary — definitions of the program terms used on this page.
- Tariff news — change-by-change reporting on detected rate moves.