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April 2024, question 48

Entry / Entry Summary · Restricted merchandise and intellectual property

Relief from detention of articles bearing copying or simulating trademarks can be accomplished by all of the following, EXCEPT:

  1. Removing or obliterating the objectionable mark as a condition to entry in such a manner as to be illegible and incapable of being reconstituted.
  2. Claiming, and CBP allowing, the one-time personal use exemption under 19 CFR § 148.55 for importing articles of foreign manufacture bearing a recorded trademark.
  3. Proving to CBP’s satisfaction that the merchandise was imported by the recordant of the trademark or trade name or his designate.
  4. Affixing a conspicuous and legible label in close proximity to the trademark stating that: “This product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product."
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CBP's answer: D. D: Affixing a conspicuous and legible label in close proximity to the trademark stating that: “This product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product."

CBP keyed D as the exception. Section 133.22(c) lists the ways to get relief for goods bearing copying or simulating marks: obliterating the mark, importation by the recordant or designate, and the one-item personal exemption under 148.55. The 'not authorized, physically and materially different' label comes from 133.23(b), which is for gray market goods, not for copying or simulating marks.

The objectionable mark is removed or obliterated as a condition to entry in such a manner as to be illegible and incapable of being reconstituted 19 CFR 133.22(c)(1)
The merchandise is imported by the recordant of the trademark or trade name or his designate 19 CFR 133.22(c)(2)
the one-item personal exemption is claimed and allowed under § 148.55 of this chapter 19 CFR 133.22(c)(4)

Search for: relief from detention of articles bearing copying or simulating trademarks

CBP's key cites: 19 CFR 133.23

Question and key from CBP's April 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).