[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR148.55]

[Page 148]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS--Table of Contents
 
                       Subpart F--Other Exemptions
 
Sec. 148.55  Exemption for articles bearing American trademark.

    (a) Application of exemption. An exemption is provided for 
trademarked articles accompanying any person arriving in the United 
States which would be prohibited entry under section 526, Tariff Act of 
1930, as amended (19 U.S.C. 1526), or section 42 of the Act of July 5, 
1946 (60 Stat. 440; 15 U.S.C. 1124), because the trademark has been 
registered with the U.S. Patent and Trademark Office and recorded with 
Customs. The exemption may be applied to those trademarked articles of 
foreign manufacture bearing a trademark owned by a citizen of, or a 
corporation or association created or organized within, the United 
States when imported for the arriving person's personal use in the 
quantities provided in pararaph (c) of this section. Unregistered and 
unrecorded trademarked articles are not subject to quantity limitation.
    (b) Limitations--(1) 30-day period. The exemption in paragraph (a) 
of this section shall not be granted to any person who has taken 
advantage of the exemption for the same type of article within the 30-
day period immediately prior to his arrival in the United States. The 
date of the person's last arrival on which he claimed this exemption 
shall be considered to be the date he last took advantage of the 
exemption.
    (2) Sale of exempted articles. If an article which has been exempted 
is sold within one year of the date of importation, the article or its 
value (to be recovered from the importer), is subject to forfeiture. A 
sale subject to judicial order or in the liquidation of an estate is not 
subject to the provisions of this paragraph.
    (c) Quantities. Generally, each person arriving in the United States 
may apply the exemption to one article of the type bearing a protected 
trademark. The Commissioner shall determine if a quantity of an article 
in excess of one may be entered and, with the approval of the Secretary 
of the Treasury, publish in the Federal Register a list of types of 
articles and the quantities of each entitled to the exemption. If the 
holder of a protected trademark allows importation of a quantity in 
excess of one of its particular trademarked article, the total of those 
trademarked articles authorized by the trademark holder may be entered 
without penalty.

[T.D. 79-159, 44 FR 31969, June 4, 1979; 44 FR 35208, June 19, 1979, as 
amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991]