[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: 19CFR133.52]



[Page 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.  133.52  Disposition of forfeited merchandise.



    (a) Trademark (other than counterfeit) or trade name violations. 

Articles forfeited for violation of the trademark laws, other than 

articles bearing a counterfeit trademark, shall be disposed of in 

accordance with the procedures applicable to forfeitures for violation 

of the Customs laws, after the removal or obliteration of the name, 

mark, or trademark by reason of which the articles were seized.

    (b) Copyright violations. Articles forfeited for violation of the 

copyright laws shall be destroyed.

    (c) Articles bearing a counterfeit trademark. Merchandise forfeited 

for violation of the trademark laws shall be destroyed, unless it is 

determined that the merchandise is not unsafe or a hazard to health and 

the Commissioner of Customs or his designee has the written consent of 

the U.S. trademark owner, in which case the Commissioner of Customs or 

his designee may dispose of the merchandise, after obliteration of the 

trademark, where feasible, by:

    (1) Delivery to any Federal, State, or local government agency that, 

in the opinion of the Commissioner or his designee, has established a 

need for the merchandise; or

    (2) Gift to any charitable institution that, in the opinion of the 

Commissioner or his designee, has established a need for the 

merchandise; or

    (3) Sale at public auction, if more than 90 days has passed since 

the forfeiture and Customs has determined that no need for the 

merchandise has been established under paragraph (c)(1) or (c)(2) of 

this section.



[T.D. 79-159, 44 FR 31969, June 4, 1969, as amended by T.D. 94-90, 59 FR 

55997, Nov. 10, 1994; T.D. 97-91, 62 FR 61232, Nov. 17, 1997]