(D) The importation into the United States, the sale for

importation, or the sale within the United States after importation

by the owner, importer, or consignee, of a semiconductor chip

product in a manner that constitutes infringement of a mask work

registered under chapter 9 of title 17.

(E) The importation into the United States, the sale for

importation, or the sale within the United States after importation

by the owner, importer, or consigner, of an article that constitutes

infringement of the exclusive rights in a design protected under

chapter 13 of title 17.

(2) Subparagraphs (B), (C), and (D) of paragraph (1) apply only if

an industry in the United States, relating to the articles protected by

the patent, copyright, trademark, mask work, or design concerned, exists

or is in the process of being established.