[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR148.55]



[Page 150]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 148_PERSONAL DECLARATIONS AND EXEMPTIONS--Table of Contents

 

                       Subpart F_Other Exemptions

 

Sec.  148.55  Exemption for articles bearing American trademark.



    (a) Application of exemption. An exemption is provided for 

trademarked articles accompanying any person arriving in the United 

States which would be prohibited entry under section 526, Tariff Act of 

1930, as amended (19 U.S.C. 1526), or section 42 of the Act of July 5, 

1946 (60 Stat. 440; 15 U.S.C. 1124), because the trademark has been 

registered with the U.S. Patent and Trademark Office and recorded with 

Customs. The exemption may be applied to those trademarked articles of 

foreign manufacture bearing a trademark owned by a citizen of, or a 

corporation or association created or organized within, the United 

States when imported for the arriving person's personal use in the 

quantities provided in pararaph (c) of this section. Unregistered and 

unrecorded trademarked articles are not subject to quantity limitation.

    (b) Limitations--(1) 30-day period. The exemption in paragraph (a) 

of this section shall not be granted to any person who has taken 

advantage of the exemption for the same type of article within the 30-

day period immediately prior to his arrival in the United States. The 

date of the person's last arrival on which he claimed this exemption 

shall be considered to be the date he last took advantage of the 

exemption.

    (2) Sale of exempted articles. If an article which has been exempted 

is sold within one year of the date of importation, the article or its 

value (to be recovered from the importer), is subject to forfeiture. A 

sale subject to judicial order or in the liquidation of an estate is not 

subject to the provisions of this paragraph.

    (c) Quantities. Generally, each person arriving in the United States 

may apply the exemption to one article of the type bearing a protected 

trademark. The Commissioner shall determine if a quantity of an article 

in excess of one may be entered and, with the approval of the Secretary 

of the Treasury, publish in the Federal Register a list of types of 

articles and the quantities of each entitled to the exemption. If the 

holder of a protected trademark allows importation of a quantity in 

excess of one of its particular trademarked article, the total of those 

trademarked articles authorized by the trademark holder may be entered 

without penalty.



[T.D. 79-159, 44 FR 31969, June 4, 1979; 44 FR 35208, June 19, 1979, as 

amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991]