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CFR › Title 19 › Chapter I › Part 133 › Subpart C › Section 133.25

19 CFR 133.25 - Procedure on detention of articles subject to restriction.

There is 1 rule appearing in the Federal Register for 19 CFR 133. Select the tab below to view, or View eCFR (GPOAccess)
§ 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.

Title 19 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-04-24; vol. 77 # 79 - Tuesday, April 24, 2012
    1. 77 FR 24375 - Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim rule; solicitation of comments.
      Effective April 24, 2012; comments must be received on or before June 25, 2012.
      19 CFR Parts 133 and 151

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 10 - ARMED FORCES

§ 1124 - Cash awards for disclosures, suggestions, inventions, and scientific achievements

USC : Title 15 - COMMERCE AND TRADE

§ 1096 - Registration on supplemental register not used to stop importations

§ 1124 - Importation of goods bearing infringing marks or names forbidden

U.S.C. : Title 17 - COPYRIGHTS

17 U.S.C. § 101 - Definitions

§ 601 - Repealed.

§ 602 - Infringing importation or exportation of copies or phonorecords

§ 603 - Importation prohibitions: Enforcement and disposition of excluded articles

USC : Title 19 - CUSTOMS DUTIES

§ 1526 - Merchandise bearing American trade-mark

§ 1558 - No remission or refund after release of merchandise

§ 1623 - Bonds and other security

§ 1624 - General regulations

USC : Title 31 - MONEY AND FINANCE

§ 9701 - Fees and charges for Government services and things of value

Title 19 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 133 after this date.

  • 2012-04-24; vol. 77 # 79 - Tuesday, April 24, 2012
    1. 77 FR 24375 - Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim rule; solicitation of comments.
      Effective April 24, 2012; comments must be received on or before June 25, 2012.
      19 CFR Parts 133 and 151