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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:

  1. 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.
  2. The recordant gives written consent to the importation and such consent is furnished to appropriate Customs officials.
  3. 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.
  4. 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).