Home / Past exams / October 2024 / Question 43
October 2024, question 43
Entry / Entry Summary · Restricted merchandise and intellectual property
If CBP has detained articles for bearing copying or simulating marks, all the following would enable the importer to obtain release of the articles EXCEPT:
- If this detention is the importer’s first offense, the importer can pay a fine equal to the value the articles would have had if they were genuine.
- The recordant gives written consent to the importation and such consent is furnished to appropriate Customs officials.
- 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.
- The articles of foreign manufacture bear a recorded trademark and the one-item personal exemption is claimed and allowed.
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CBP's answer: A. A: If this detention is the importer’s first offense, the importer can pay a fine equal to the value the articles would have had if they were genuine.
CBP keyed A as the exception. Section 133.22(c) allows release when the mark is obliterated, when the recordant gives written consent, when the recordant imports, or when the one-item personal exemption is allowed. Paying a fine equal to the genuine value on a first offense is not among them.
The recordant gives written consent to an importation of articles otherwise subject to the restrictions set forth in paragraph (b) of this section or § 133.23(c) of this subpart 19 CFR 133.22(c)(3)
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 copying or simulating marks
CBP's key cites: 19 CFR 133.22(c)(3); 19 CFR 133.22(c)(1); 19 CFR 133.22(c)(4); 19 CFR 148.55
Question and key from CBP's October 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).