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April 2026, question 44
Entry / Entry Summary · Restricted merchandise and intellectual property
Which of the following imported articles are subject to seizure pursuant to the Digital Millenium Copyright Act (17 USC 1201)? Assume all trademarks and copyrights referenced in the answers are recorded with CBP.
- Authentic DVDs for copyrighted Marvel movies that the importer manifested as blank CDs.
- A memory card primarily designed to circumvent the copyright protection measures on the Nintendo Switch and enable the user to copy Nintendo’s copyrighted videogames for redistribution.
- A computer with a logo confusingly similar to a Dell trademark.
- An arcade machine with videogames substantially similar to Star Wars copyrights, and Disney has stated that the use of its copyrights is unauthorized.
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CBP's answer: B. B: A memory card primarily designed to circumvent the copyright protection measures on the Nintendo Switch and enable the user to copy Nintendo’s copyrighted videogames for redistribution.
Articles that violate the DMCA importation prohibition are products or devices primarily designed or produced to circumvent a copyright protection measure (133.47(a)(2)). A memory card built to defeat the Switch's copy protection fits, so B is right. The others involve other violations: mislabeled authentic discs, a confusingly similar trademark (133.22) and a copyright-infringing arcade machine (piratical articles, 133.42).
products, devices, components, or parts thereof primarily designed or produced for the purpose of circumventing a copyright protection measure 19 CFR 133.47(a)(2)
Search for: primarily designed or produced for the purpose of circumventing a copyright protection measure
CBP's key cites: 19 CFR 133.47; 19 CFR 133.22; 19 CFR 133.42
Question and key from CBP's April 2026 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).