[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Rules and Regulations]
[Pages 19492-19493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10272]
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DEPARTMENT OF THE TREASURY
Custons Service
19 CFR Part 133
[T.D. 97-30]
RIN 1515-AC09
Disposition of Excluded Articles Pursuant to the
Anticounterfeiting Consumer Protection Act
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to implement
section 8 of the Anticounterfeiting Consumer Protection Act of 1996
(ACPA), which was enacted by Congress to protect consumers and American
businesses from counterfeit copyrighted and trademarked products.
Section 8 of the ACPA concerns the disposition of excluded articles and
eliminates a statutory provision that allowed infringing imported goods
to be returned to the country of export whenever it is shown that the
importer had no reasonable grounds for believing his or her acts
constituted a violation of law. The statutory amendment now requires
government officials to destroy such goods. The regulatory change
reflects the statutory amendment and is designed to help Customs fight
counterfeiting more effectively.
EFFECTIVE DATE: May 22, 1997.
FOR FURTHER INFORMATION CONTACT: John Atwood, Intellectual Property
Rights Branch, Office of Regulations and Rulings, (202) 482-6960.
SUPPLEMENTARY INFORMATION:
Background
Finding that counterfeit products cost American businesses an
estimated $200 billion each year worldwide, Congress enacted the
Anticounterfeiting Consumer Protection Act of 1996 (ACPA) to make sure
that Federal law adequately addresses the scope and sophistication of
modern counterfeiting. The provisions of the ACPA are designed to
provide important weapons in the fight against counterfeiters. On July
2, 1996, the President signed the ACPA into law (Pub.L. 104-153, 110
Stat. 1386).
The ACPA contains 13 substantive sections, which will be
implemented in several Federal Register documents. This document
concerns section 8 of the ACPA, which amends title 17 of the United
States Code (17 U.S.C. 603(c)), which concerns the enforcement of anti-
counterfeiting laws and disposition of excluded articles. The amendment
of section 603(c) removes a provision that allowed infringing imported
goods to be returned to the country of export whenever it is shown that
the importer had no reasonable grounds for believing his or her acts
constituted a violation of law. By eliminating this provision in
section 603(c), government officials are now required to destroy such
goods.
The provisions of section 603(c) are provided for at
Secs. 133.42(c), 133.44(a), and 133.47 of the Customs Regulations (19
CFR 133.42(c), 133.44(a), and 133.47). Accordingly, these regulatory
provisions are amended by removing the language which allows for the
return of seized infringing merchandise to the importer or country of
export.
Inapplicability of the Regulatory Flexibility Act, And Executive Order
12866
Inasmuch as these amendments merely conform the Customs Regulations
to existing law as discussed
[[Page 19493]]
above, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are
unnecessary. Since this document is not subject to the notice and
public procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Further, this document does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
List of Subjects in 19 CFR Part 133
Copyrights, Counterfeit goods, Customs duties and inspection,
Imports, Penalties, Prohibited merchandise, Reporting and recordkeeping
requirements, Restricted merchandise, Seizures and forfeitures,
Trademarks, Trade names, Unfair competition.
Amendment to the Regulations
For the reasons stated above, part 133 of the Customs Regulations
(19 CFR part 133) is amended as set forth below:
PART 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS
1. The general authority citation for part 133 continues to read as
follows:
Authority: 17 U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1624; 31
U.S.C. 9701.
* * * * *
Sec. 133.42 [Amended]
2. In Sec. 133.42, the third sentence of paragraph (c) is amended
by removing the words ``, unless the article may be returned to the
country of export as provided in Sec. 133.47''.
Sec. 133.44 [Amended]
3. In Sec. 133.44, the first sentence of paragraph (a) is amended
by removing the word ``either'' and the words ``or, if the conditions
prescribed by Sec. 133.47 are met, permit the importer to return the
article to the country of export''. In the last sentence, the words
``In either event, the'' are removed and the word ``The'' is added in
their place.
Sec. 133.47 [Removed]
4. Section 133.47 is removed.
Samuel H. Banks,
Acting Commissioner of Customs.
Approved: March 24, 1997.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-10272 Filed 4-21-97; 8:45 am]
BILLING CODE 4820-02-P
