[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: 19CFR133.52]

[Page 636-637]
 
                        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 F--Procedure Following Forfeiture or Assessment of Liquidated 
                                 Damages
 
Sec. 133.52  Disposition of forfeited merchandise.

    (a) Trademark (other than counterfeit) or trade name violations. 
Articles forfeited for violation of the trademark laws, other than 
articles bearing a counterfeit trademark, shall be disposed of in 
accordance with the procedures applicable to forfeitures for violation 
of the Customs laws, after the removal or obliteration of the name, 
mark, or trademark by reason of which the articles were seized.
    (b) Copyright violations. Articles forfeited for violation of the 
copyright laws shall be destroyed.
    (c) Articles bearing a counterfeit trademark. Merchandise forfeited 
for violation of the trademark laws shall be destroyed, unless it is 
determined that the merchandise is not unsafe or a hazard to health and 
the Commissioner of Customs or his designee has the written consent of 
the U.S. trademark owner, in which case the Commissioner of Customs or 
his designee may dispose of the merchandise, after obliteration of the 
trademark, where feasible, by:
    (1) Delivery to any Federal, State, or local government agency that, 
in the opinion of the Commissioner or his designee, has established a 
need for the merchandise; or
    (2) Gift to any charitable institution that, in the opinion of the 
Commissioner or his designee, has established a need for the 
merchandise; or

[[Page 637]]

    (3) Sale at public auction, if more than 90 days has passed since 
the forfeiture and Customs has determined that no need for the 
merchandise has been established under paragraph (c)(1) or (c)(2) of 
this section.

[T.D. 79-159, 44 FR 31969, June 4, 1969, as amended by T.D. 94-90, 59 FR 
55997, Nov. 10, 1994; T.D. 97-91, 62 FR 61232, Nov. 17, 1997]