[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR133.24]

[Page 698-699]
 
                        TITLE 19--CUSTOMS DUTIES
 
   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 
              HOMELAND SECURITY; 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. 133.24  Restrictions on articles accompanying importer and mail 
importations.

    (a) Detention. Articles accompanying an importer and mail 
importations subject to the restrictions of Sec. Sec. 133.22 and 133.23 
shall be detained for 30 days from the date of notice that such 
restrictions apply, to permit the establishment of whether any of the 
circumstances described in Sec. 133.22(c) or 133.23(d) are applicable.
    (b) Notice of detention. Notice of detention shall be given in the 
following manner:
    (1) Articles accompanying importer. When the articles are carried as 
accompanying baggage or on the person of persons arriving in the United 
States, the Customs inspector shall orally advise the importer that the 
articles are subject to detention.
    (2) Mail importations. When the articles arrive by mail in 
noncommercial shipments, or in commercial shipments valued at $250 or 
less, notice of the detention shall be given on Customs Form 8.
    (c) Release of detained articles--(1) General. Articles detained in 
accordance with paragraph (a) of this section may be released to the 
importer during the 30-day period of detention if any of the 
circumstances allowing exemption from trademark or trade name 
restriction(s) set forth in Sec. 133.22(c) or 133.23(d) of this subpart 
are established.
    (2) Articles accompanying importer. Articles arriving as 
accompanying baggage or on the person of the importer may be exported or 
destroyed under Customs supervision at the request of the importer, or 
may be released if:
    (i) The importer removes or obliterates the marks in a manner 
acceptable to the Customs officer at the time of examination of the 
articles; or
    (ii) The request of the importer to obtain skillful removal of the 
marks is granted by the port director under such conditions as he may 
deem necessary, and upon return of the article to Customs for 
verification, the marks are found to be satisfactorily removed.
    (3) Mail importations. Articles arriving by mail in noncommercial 
shipments, or in commercial shipments valued at

[[Page 699]]

$250 or less, may be exported or destroyed at the request of the 
addressee or may be released if:
    (i) The addressee appears in person at the appropriate Customs 
office and at that time removes or obliterates the marks in a manner 
acceptable to the Customs officer; or
    (ii) The request of the addressee appearing in person to obtain 
skillful removal of the marks is granted by the port director under such 
conditions as he may deem necessary, and upon return of the article to 
Customs for verification, the marks are found to be satisfactorily 
removed.
    (d) Seizure. If the importer has not obtained release of detained 
articles within the 30-day period of detention, the merchandise shall be 
seized and forfeiture proceedings instituted. The importer shall be 
promptly notified of the seizure and liability to forfeiture and his 
right to petition for relief in accordance with the provisions of part 
171 of this chapter.