[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR133.44]

[Page 654-655]
 
                        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 E--Importations Violating Copyright Laws
 
Sec. 133.44  Decision of disputed claim of infringement.

    (a) Claim of infringement sustained. Upon determination by the 
Commissioner of Customs or his designee that the detained article 
forwarded in accordance with Sec. 133.43(c)(1) is an infringing copy, 
the port director shall seize the imported article and institute 
forfeiture proceedings in accordance with part 162 of this chapter. The 
bond of the copyright owner shall be returned.
    (b) Denial of infringement sustained. Upon determination by the 
Commissioner of Customs or his designee that the detained article 
forwarded in accordance with Sec. 133.43(c)(1) is not an infringing 
copy, the port director shall release all detained merchandise and

[[Page 655]]

transmit the copyright owner's bond to the importer.

[T.D. 87-40, 52 FR 9476, Mar. 25, 1987, as amended by T.D. 97-30, 62 FR 
19493, Apr. 22, 1997]