[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: 19CFR133.51]

[Page 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 F--Procedure Following Forfeiture or Assessment of Liquidated 
                                 Damages
 
Sec. 133.51  Relief from forfeiture or liquidated damages.


    (a) Petition for relief. The importer may petition in accordance 
with parts 171 and 172 of this chapter for relief from, or cancellation 
of, a forfeiture incurred for violation of the trademark or copyright 
laws, or a claim for liquidated damages for failure to redeliver 
released merchandise incurred under the provisions of Sec. 133.24 or 
Sec. 133.46.
    (b) Conditioned relief. In appropriate cases, except for articles 
bearing a counterfeit trademark, relief from a forfeiture may be granted 
pursuant to a petition for relief upon the following conditions and such 
other conditions as may be specified by the appropriate Customs 
authority:
    (1) The unlawfully imported or prohibited articles are exported or 
destroyed under Customs supervision and at no expense to the Government;
    (2) All offending trademarks or trade names are removed or 
obliterated prior to release of the articles:
    (3) In the case of books or periodicals manufactured abroad contrary 
to the terms of the ``American manufacturing clause'' of the Copyright 
Act of 1976 (17 U.S.C. 602, 603):
    (i) Satisfactory evidence is submitted that a statement of 
abandonment has been filed and recorded in the Copyright Office by the 
copyright owner in accordance with the procedures of the Copyright 
Office; and
    (ii) The notice of copyright is completely obliterated prior to 
release of the books or periodicals.

[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 
FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987]