§ 133.25 - Procedure on detention of articles subject to restriction.

§ 133.25 Procedure on detention of articles subject to restriction.

Cross Reference

Link to an amendment published at 89 FR 52374, June 24, 2024.

(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 CBP 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 CBP examination until the time a notice of detention is issued, Customs CBP may disclose to the owner of the trademark recorded mark 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 CBP shall disclose to the owner of the trademark recorded mark 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) Disclosure to the trademark owner of the recorded mark or trade name owner. At any time following presentation of the merchandise for CBP's examination, but prior to seizure, CBP may release a sample of the suspect merchandise to the owner of the trademark recorded mark or trade name for examination or testing to assist in determining whether the article imported bears an infringing trademark or trade name. To obtain CBP may release a sample under this paragraph , (c) when the owner of the mark must furnish recorded mark or trade name furnishes to CBP a bond in the form and an amount specified by CBP , conditioned to indemnify the importer or owner of the imported article against any loss or damage resulting from the furnishing of the sample by CBP to the owner of the markand containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of the sample at any time. The owner must return the sample to CBP upon demand or at the conclusion of the examination or testing, whichever occurs sooner. In the event that the sample is damaged, destroyed, or lost while in the possession of the trademark or trade name ownerowner of the recorded mark or tradename, the owner must, in lieu of returning the sample, certify to CBP 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.

[T.D. 99-21, 64 FR 9062, Feb. 24, 1999, as amended by CBP Dec. 15-15, 80 FR 70170, Nov. 13, 2015; CBP Dec. 24-03, 89 FR 52374, June 24, 2024]