[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: 19CFR133.27]



[Page 709-710]

 

                        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.  133.27  Civil fines for those involved in the importation of 

merchandise bearing a counterfeit mark.



    In addition to any other penalty or remedy authorized by law, CBP 

may impose a civil fine under 19 U.S.C. 1526(f) on any person who 

directs, assists financially or otherwise, or aids and abets the 

importation of merchandise for sale or public distribution that bears a 

counterfeit mark resulting in a seizure of the merchandise under 19 

U.S.C. 1526(e) (see Sec.  133.21 of this subpart), as follows:

    (a) First violation. For the first seizure of merchandise under this 

section, the fine imposed will not be more than the value the 

merchandise would have had if it were genuine, according to the 

manufacturer's suggested retail price in the United States at the time 

of seizure.

    (b) Subsequent violations: For the second and each subsequent 

seizure under this section, the fine imposed will not



[[Page 710]]



be more than twice the value the merchandise would have had if it were 

genuine, according to the manufacturer's suggested retail price in the 

United States at the time of seizure.



[CBP Dec. 03-12, 68 FR 43637, July 24, 2003]