[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 708]

 

                        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 $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.