[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 715]

 

                        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]