[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: 19CFR133.44] [Page 705] 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 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 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]