In response to a request from U.S. Intellectual Property Enforcement Coordinator for public comments by July 21, 2013 (78 Fed. Reg. 37242-43) on improving the procedures used by U.S. Customs and Border Protection (“CBP”) to enforce exclusion orders issued by the U.S. International Trade Commission (“ITC”), several associations, including Intellectual Property Owners Association and U.S. International Trade Commission Trial Lawyers Association, and private parties, outlined a number of recommendations.  Among their concerns are:  (i) ITC, which is involved in the underlying investigations and issues the exclusion orders, should take a more active role in the procedures to enforce such exclusion orders; (ii) CBP relies on ex parte processes to determine whether a new, nonadjudicated product or redesign is noninfringing and thus falls outside the scope of the exclusion order; and (iii) although CBP prepares “field instructions” to the ports of entry to describe the scope of what is being excluded, the instructions are not shared with the parties to the investigation.  Recommendations include, inter alia:  (i) ITC should provide more guidance within the exclusion orders themselves and/or take an expanded role in enforcement; (ii) CBP should create an inter partes procedure when it encounters products that it suspects are in violation of an exclusion order and provide notice to the complainant rightsholder to participate in such procedure; and (iii) CBP should be required to seek input from both complainants and respondents on field instructions.