[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Proposed Rules]
[Pages 49423-49424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23686]
[[Page 49423]]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 141
RIN 1515-AC15
Anticounterfeiting Consumer Protection Act: Customs Entry
Documentation
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs Regulations to
implement section 12 of the Anticounterfeiting Consumer Protection Act
of 1996 (ACPA), enacted by Congress to protect consumers and American
businesses from counterfeit copyrighted and trademarked products.
Section 12 of the ACPA concerns the content of entry documentation
required by Customs to determine whether the imported merchandise or
its packaging bears an infringing trademark. The proposed regulatory
provision requires importers to provide on the invoice a listing of all
trademarks appearing on imported merchandise and its packaging. The
amendment is designed to help Customs fight counterfeiting more
effectively.
DATES: Comments must be submitted by November 12, 1999.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Office of Regulations and Rulings, U.S.
Customs Service, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW,
Washington, DC 20229. Comments submitted may be inspected at the
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Suite
3000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Lou Alfano, Commercial Enforcement,
Office of Field Operations, (202) 927-0005.
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 14 sections, 13 of which are substantive in
nature. Section 14 of the ACPA directs the Secretary of the Treasury to
prescribe such regulations or amendments to existing regulations as may
be necessary to implement and enforce particular provisions of the
ACPA.
This document concerns section 12 of the ACPA, which amends section
484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) concerning Customs
entry documentation. The amendment to section 484(d) adds a new
provision authorizing the Secretary of the Treasury to require that
entry documentation contain such information as may be necessary to
enable Customs to determine whether the imported merchandise bears an
infringing trademark on either the goods or packaging in violation of
section 42 of the Act of July 5, 1946 (commonly referred to as the
``Trademark Act of 1946'' (15 U.S.C. 1124)), or any other applicable
law. The amendment enables Customs to identify shipments likely to
contain counterfeit products that come from locations where goods
bearing a particular mark are not legitimately manufactured.
In this document Customs proposes to implement the entry
documentation content requirement by amending paragraph (a)(3) of
Sec. 141.86, Customs Regulations (19 CFR 141.86(a)(3)), which concerns
the general information requirements of invoices, to specifically
require that importers provide on the invoice a listing of any
trademark information appearing on imported merchandise and its
packaging. This amendment is necessary because while the current
section requires information regarding ``marks, numbers, and symbols''
to be set forth on the invoice, it does not specify trademark
information.
Comments
Before adopting this proposed regulatory amendment as a final rule,
consideration will be given to any written comments timely submitted to
Customs. Comments submitted will be available for public inspection in
accordance with the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4
of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b)
of the Customs Regulations (19 CFR 103.11(b)), on regular business days
between the hours of 9 a.m. and 4:30 p.m. at the Regulations Branch,
Office of Regulations and Rulings, U.S. Customs Service, Ronald Reagan
Building, 1300 Pennsylvania Avenue, NW, Washington, DC.
Inapplicability of the Regulatory Flexibility Act, and Executive
Order 12866
Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), it is certified that this amendment, if adopted, will not
have a significant economic impact on a substantial number of small
entities, as the amendment concerns identifying information regarding
imported merchandise of a sort that is already maintained by the
importer. Accordingly, this amendment is not subject to the regulatory
analysis or other requirements of 5 U.S.C. 603 and 604. 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 141
Customs duties and inspection, Entry of merchandise, Foreign trade
statistics, Invoices, Packaging, Prohibited merchandise, Release of
merchandise, Reporting and recordkeeping requirements, Restricted
merchandise (counterfeit goods), Trademarks, Trade names.
Amendment to the Regulations
For the reasons stated above, it is proposed to amend part 141 of
the Customs Regulations (19 CFR part 141) as set forth below:
PART 141--ENTRY OF MERCHANDISE
1. The general authority citation for part 141 continues to read as
follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
2. In Sec. 141.86, paragraph (a)(3) is revised to read as follows:
Sec. 141.86 Contents of invoices and general requirements.
(a) * * *
(3) A detailed description of the merchandise, including the name
by which it is known; marks, numbers, and symbols under which it is
sold by the seller or manufacturer to the trade in the country of
exportation; the grade or quality of the merchandise; and a listing of
any trademarks appearing on the merchandise or its components; together
with a listing of the marks, numbers, and any trademarks appearing on
the
[[Page 49424]]
packages in which the merchandise is packed;
* * * * *
Raymond W. Kelly,
Commissioner of Customs.
Approved: July 6, 1999
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury
[FR Doc. 99-23686 Filed 9-10-99; 8:45 am]
BILLING CODE 4820-02-P
