supporting CFR

§ 133.25

19 CFR Ch. I (4–1–11 Edition)

$250 or less, may be exported or destroyed at the request of the addressee
or may be released if:
(i) The addressee appears in person at
the appropriate Customs office and at
that time removes or obliterates the
marks in a manner acceptable to the
Customs officer; or
(ii) The request of the addressee appearing in person to obtain skillful removal of the marks is granted by the
port director under such conditions as
he may deem necessary, and upon return of the article to Customs for
verification, the marks are found to be
satisfactorily removed.
(d) Seizure. If the importer has not
obtained release of detained articles
within the 30-day period of detention,
the merchandise shall be seized and
forfeiture proceedings instituted. The
importer shall be promptly notified of
the seizure and liability to forfeiture
and his right to petition for relief in
accordance with the provisions of part
171 of this chapter.
§ 133.25 Procedure on detention of articles subject to restriction.
(a) In general. Articles subject to the
restrictions of §§ 133.22 and 133.23 shall
be detained for 30 days from the date
on which the merchandise is presented
for Customs examination. The importer shall be notified of the decision
to detain within 5 days of the decision
that such restrictions apply. The importer may, during the 30-day period,
establish that any of the circumstances
described in § 133.22(c) or § 133.23(d) are
applicable. Extensions of the 30-day
time period may be freely granted for
good cause shown.
(b) Notice of detention and disclosure of
information. From the time merchandise is presented for Customs examination until the time a notice of detention is issued, Customs may disclose to
the owner of the trademark or trade
name any of the following information
in order to obtain assistance in determining whether an imported article
bears an infringing trademark or trade
name. Once a notice of detention is
issued, Customs shall disclose to the
owner of the trademark or trade name
the following information, if available,
within 30 days, excluding weekends and
holidays, of the date of detention:

(1) The date of importation;
(2) The port of entry;
(3) A description of the merchandise;
(4) The quantity involved; and
(5) The country of origin of the merchandise.
(c) Samples available to the trademark
or trade name owner. At any time following presentation of the merchandise
for Customs examination, but prior to
seizure, Customs may provide a sample
of the suspect merchandise to the
owner of the trademark or trade name
for examination or testing to assist in
determining whether the article imported bears an infringing trademark
or trade name. To obtain a sample
under this section, the trademark/trade
name owner must furnish 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 from the
furnishing of a sample by Customs to
the trademark 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 or testing. In the event that the sample is
damaged, destroyed, or lost while in
the possession of the trademark or
trade name owner, the owner shall, in
lieu of return of the sample, certify to
Customs that: ‘‘The sample described as
[insert description] and provided pursuant to 19 CFR 133.25(c) was (damaged/
destroyed/lost) during examination or
testing for trademark infringement.’’
(d) Form of notice. Notice of detention
of articles found subject to the restrictions of § 133.22 or § 133.23 shall be given
the importer in writing.
§ 133.26 Demand for redelivery of released merchandise.
If it is determined that merchandise
which has been released from CBP custody is subject to the restrictions of
§ 133.22 or § 133.23 of this subpart, the
port director shall promptly make demand for the redelivery of the merchandise under the terms of the bond
on CBP Form 301, containing the bond
conditions set forth in § 113.62 of this
chapter, in accordance with § 141.113 of
this chapter. If the merchandise is not

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