[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: 19CFR133.51]



[Page 715-716]

 

                        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 F_Procedure Following Forfeiture or Assessment of Liquidated 

                                 Damages

 

Sec.  133.51  Relief from forfeiture or liquidated damages.





    (a) Petition for relief. The importer may petition in accordance 

with parts 171 and 172 of this chapter for relief from, or cancellation 

of, a forfeiture incurred for violation of the trademark or copyright 

laws, or a claim for liquidated damages for failure to redeliver 

released merchandise incurred under the provisions of Sec.  133.24 or 

Sec.  133.46.

    (b) Conditioned relief. In appropriate cases, except for articles 

bearing a counterfeit trademark, relief from a forfeiture may be granted 

pursuant to a petition for relief upon the following conditions and such 

other conditions as may be specified by the appropriate Customs 

authority:

    (1) The unlawfully imported or prohibited articles are exported or 

destroyed under Customs supervision and at no expense to the Government;

    (2) All offending trademarks or trade names are removed or 

obliterated prior to release of the articles:

    (3) In the case of books or periodicals manufactured abroad contrary 

to the terms of the ``American manufacturing



[[Page 716]]



clause'' of the Copyright Act of 1976 (17 U.S.C. 602, 603):

    (i) Satisfactory evidence is submitted that a statement of 

abandonment has been filed and recorded in the Copyright Office by the 

copyright owner in accordance with the procedures of the Copyright 

Office; and

    (ii) The notice of copyright is completely obliterated prior to 

release of the books or periodicals.



[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 

FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987]