[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: 19CFR133.42]



[Page 712-713]

 

                        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.  133.42  Infringing copies or phonorecords.



    (a) Definition. Infringing copies or phonorecords are ``piratical'' 

articles, i.e., copies or phonorecords which are unlawfully made 

(without the authorization of the copyright owner).

    (b) Importation prohibited. The importation of infringing copies or 

phonorecords of works copyrighted in the U.S. is prohibited by Customs. 

The importation of lawfully made copies is not a Customs violation.

    (c) Seizure and forfeiture. The port director shall seize any 

imported article which he determines is an infringing copy or 

phonorecord of a copyrighted work protected by Customs. The port 

director also shall seize an imported article if the importer does not 

deny a representation that the article is an infringing copy or 

phonorecord as provided in Sec.  133.43(a). In either case, the port 

director also shall institute forfeiture proceedings in accordance with 

part 162 of this chapter. Lawfully made copies are not subject to 

seizure and forfeiture by Customs.

    (d) Disclosure. When merchandise is seized under this section, 

Customs shall disclose to the owner of the copyright the following 

information, if available, within 30 days, excluding weekends and 

holidays, of the date of the notice of seizure:

    (1) The date of importation;

    (2) The port of entry;

    (3) A description of the merchandise;

    (4) The quantity involved;

    (5) The name and address of the manufacturer;

    (6) The country of origin of the merchandise;

    (7) The name and address of the exporter; and

    (8) The name and address of the importer.

    (e) Samples available to the copyright owner. At any time following 

seizure of the merchandise, Customs may provide a sample of the suspect 

merchandise to the owner of the copyright for examination, testing, or 

any other use in pursuit of a related private civil remedy for copyright 

infringement. To obtain a sample under this section, the copyright owner 

must furnish to Customs a bond in the form and amount specified by the 

port director, conditioned to hold the United States, its officers and 

employees, and the importer or owner of the imported article harmless 

from any loss or damage resulting



[[Page 713]]



from the furnishing of a sample by Customs to the copyright owner. 

Customs may demand the return of the sample at any time. The owner must 

return the sample to Customs upon demand or at the conclusion of the 

examination, testing, or other use in pursuit of a related private civil 

remedy for copyright infringement. In the event that the sample is 

damaged, destroyed, or lost while in the possession of the copyright 

owner, the owner shall, in lieu of return of the sample, certify to 

Customs that: ``The sample described as [insert description] provided 

pursuant to 19 CFR 133.42(e) was (damaged/destroyed/lost) during 

examination, testing, or other use.''

    (f) Referral to the U.S. Attorney. In the event that phonorecords or 

copies of motion pictures arrive in the U.S. bearing counterfeit labels, 

Customs officers should consider referring the violation to the U.S. 

Attorney, Department of Justice, for possible criminal prosecution 

pursuant to the ``Piracy and Counterfeiting Amendments Act of 1982'' (18 

U.S.C. 2318). This law provides a minimum fine of $25,000 or 

imprisonment for not more than one year, or both, for willful 

infringement of a copyright for commercial advantage, and a maximum fine 

of $250,000 or imprisonment for not more than 5 years, or both, where 

trafficking in counterfeit labels for phonorecords or copies of motion 

pictures or other audiovisual works is involved.



[T.D. 87-40, 52 FR 9475, Mar. 25, 1987; 52 FR 10668, Apr. 2, 1987, as 

amended by T.D. 97-30, 62 FR 19493, Apr. 22, 1997; T.D. 98-21, 63 FR 

12000, Mar. 12, 1998]