[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR133.25]

[Page 629-630]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS--Table of Contents
 
Subpart C--Importations Bearing Registered and/or Recorded Trademarks or 
                          Recorded Trade Names
 
Sec. 133.25  Procedure on detention of articles subject to restriction.

    (a) In general. Articles subject to the restrictions of Secs. 133.22 
and 133.23 shall be detained for 30 days from the date on which the 
merchandise is presented for Customs examination. The importer shall be 
notified of the decision to detain within 5 days of the decision that 
such restrictions apply. The importer may, during the 30-day period, 
establish that any of the circumstances described in Sec. 133.22(c) or 
Sec. 133.23(d) are applicable. Extensions of the 30-day time period may 
be freely granted for good cause shown.
    (b) Notice of detention and disclosure of information. From the time 
merchandise is presented for Customs examination until the time a notice 
of detention is issued, Customs may disclose to the owner of the 
trademark or trade name any of the following information in order to 
obtain assistance in determining whether an imported article bears an 
infringing trademark or trade name. Once a notice of detention is 
issued, Customs shall disclose to the owner of the trademark or trade 
name the following information, if available, within 30 days, excluding 
weekends and holidays, of the date of detention:
    (1) The date of importation;
    (2) The port of entry;
    (3) A description of the merchandise;
    (4) The quantity involved; and
    (5) The country of origin of the merchandise.
    (c) Samples available to the trademark or trade name owner. At any 
time following presentation of the merchandise for Customs examination, 
but prior to seizure, Customs may provide a sample of the suspect 
merchandise to the owner of the trademark or trade name for examination 
or testing to assist in determining whether the article imported bears 
an infringing trademark or trade name. To obtain a sample under this 
section, the trademark/trade name owner must furnish Customs a bond in 
the form and amount specified by the port director, conditioned to hold 
the United States, its officers and employees, and the importer or owner 
of the imported article harmless from any loss or damage resulting from 
the furnishing of a sample by Customs to

[[Page 630]]

the trademark owner. Customs may demand the return of the sample at any 
time. The owner must return the sample to Customs upon demand or at the 
conclusion of the examination or testing. In the event that the sample 
is damaged, destroyed, or lost while in the possession of the trademark 
or trade name owner, the owner shall, in lieu of return of the sample, 
certify to Customs that: ``The sample described as [insert description] 
and provided pursuant to 19 CFR 133.25(c) was (damaged/destroyed/lost) 
during examination or testing for trademark infringement.''
    (d) Form of notice. Notice of detention of articles found subject to 
the restrictions of Sec. 133.22 or Sec. 133.23 shall be given the 
importer in writing.