PART 133—TRADEMARKS, TRADE NAMES, AND COPYRIGHTS Authority: 15 U.S.C. 1124, 1125, 1127; 17 U.S.C. 101, 104, 106, 601, 602, 603; 18 U.S.C. 1905; 19 U.S.C. 66, 1202, 1499, 1526, 1595a, 1623, 1624, 1628a; 31 U.S.C. 9701. Section 133.47 also issued under 17 U.S.C. 1201. Section 133.61 also issued under Sec. 308(d), Pub. L. 114-125; Sec. 507, Pub. L. 108-90; Sec. 2, Pub. L. 114-279. Source: T.D. 72-266, 37 FR 20678, Oct. 3, 1972, unless otherwise noted. § 133.0 Scope. This part provides for the recordation of trademarks, trade names, and copyrights with the U.S. Customs and Border Protection for the purpose of prohibiting the importation of certain articles. It also sets forth the procedures for the disposition, including release to the importer in appropriate circumstances, of articles bearing prohibited marks or names, piratical articles, and prohibited circumvention devices, as well as the disclosure of information concerning such articles when such disclosure would not compromise an ongoing law enforcement investigation or national security. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by CBP Dec. 24-03, 89 FR 52373, June 24, 2024] Subpart A—Recordation of Trademarks § 133.1 Recordation of trademarks. (a) Eligible trademarks. et seq. (b) Notice of recordation and other action. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.2 Application to record trademark. An application to record one or more trademarks shall be in writing, addressed to the Intellectual Property Rights (IPR) & Restricted Merchandise Branch, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, and shall include the following information: (a) The name, complete business address, and citizenship of the trademark owner or owners (if a partnership, the citizenship of each partner; if an association or corporation the State, country, or other political jurisdiction within which it was organized, incorporated, or created); (b) The places of manufacture of goods bearing the recorded trademark; (c) The name and principal business address of each foreign person or business entity authorized or licensed to use the trademark and a statement as to the use authorized; and (d) The identity of any parent or subsidiary company or other foreign company under common ownership or control which uses the trademark abroad. For this purpose: (1) Common ownership (2) Common control (e) Lever-rule protection. Lever Bros. Co. v. United States, (1) The specific composition of both the authorized and gray market product(s) (including chemical composition); (2) Formulation, product construction, structure, or composite product components, of both the authorized and gray market product; (3) Performance and/or operational characteristics of both the authorized and gray market product; (4) Differences resulting from legal or regulatory requirements, certification, etc.; (5) Other distinguishing and explicitly defined factors that would likely result in consumer deception or confusion as proscribed under applicable law. (f) CBP will publish in the Customs Bulletin a notice listing any trademark(s) and the specific products for which gray market protection for physically and materially different products has been requested. CBP will examine the request(s) before issuing a determination whether gray market protection is granted. For parties requesting protection, the application for trademark protection will not take effect until CBP has made and issued this determination. If protection is granted, CBP will publish in the Customs Bulletin a notice that a trademark will receive Lever [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-21, 64 FR 9062, Feb. 24, 1999; T.D. 99-27, 64 FR 13675, Mar. 22, 1999] § 133.3 Documents and fee to accompany application. (a) Documents. (1) A status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing title to be presently in the name of the applicant; and (2) Five copies of this certificate, or of a U.S. Patent and Trademark Office facsimile. The copies may be reproduced privately and shall be on paper approximately 8″ × 10 1/2 (b) Fee. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 73-174, 38 FR 16850, June 27, 1973; T.D. 75-160, 40 FR 28790, July 9, 1975; T.D. 84-133, 49 FR 26571, June 28, 1984; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.4 Effective date, term, and cancellation of trademark recordation and renewals. (a) Effective date. (b) Term. (c) Cancellation of recordation. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.5 Change of ownership of recorded trademark. If there is a change in ownership of a recorded trademark and the new owner wishes to continue the recordation with the United States Customs Service, he shall apply therefor by: (a) Complying with § 133.2; (b) Describing any time limit on the rights of ownership transferred; (c) Submitting a status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing title to be presently in the name of the new owner; and (d) Paying a fee of $80, which covers all trademarks included in the application which have been previously recorded with the United States Customs Service. A check or money order shall be made payable to the United States Customs Service. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.6 Change in name of owner of recorded trademark. If there is a change in the name of the owner of a recorded trademark, but no change in ownership, written notice thereof shall be given to the IPR & Restricted Merchandise Branch, CBP Headquarters, accompanied by: (a) A status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing title to be presently in the name as changed; and (b) A fee of $80, which covers all trademarks included in the application which have been previously recorded with the U.S. Customs and Border Protection. A check or money order shall be made payable to the U.S. Customs and Border Protection. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.7 Renewal of trademark recordation. (a) Application to renew. (1) A status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing renewal of the trademark and title to be in the name of the applicant; (2) A statement describing any change of ownership or in the name of owner, in compliance with §§ 133.5 and 133.6 of this part, and any change of addresses of owners or places of manufacture; and (3) A fee of $80 for each renewal of a trademark recordation. Where the trademark covers several classes, a fee of $80 is required for each class. A check or money order shall be made payable to the U.S. Customs and Border Protection. (b) Delayed application. (c) Untimely application. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] Subpart B—Recordation of Trade Names § 133.11 Trade names eligible for recordation. The name or trade style used for at least 6 months to identify a manufacturer or trader may be recorded with the United States Customs Service. Words or designs used as trademarks, whether or not registered in the U.S. Patent and Trademark Office shall not be accepted for recordation as a trade name. Generally, the complete business name will be recorded unless convincing proof establishes that only a part of the complete name is customarily used. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.12 Application to record a trade name. An application to record a trade name shall be in writing addressed to the IPR & Restricted Merchandise Branch, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, and shall include the following information: (a) The name, complete business address, and citizenship of the trade name owner or owners (if a partnership, the citizenship of each partner; if an association or corporation, the State, country, or other political jurisdiction within which it was organized, incorporated or created); (b) The name or trade style to be recorded; (c) The name and principal business address of each foreign person or business entity authorized or licensed to use the trade name and a statement as to the use authorized; (d) The identity of any parent or subsidiary company, or other foreign company under common ownership or control which uses the trade name abroad (see § 133.2(d)); and (e) A description of the merchandise with which the trade name is associated. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-27, 64 FR 13675, Mar. 22, 1999] § 133.13 Documents and fee to accompany application. (a) Documents. (1) The applicant has used the trade name in connection with the class or kind of merchandise described in the application for at least 6 months; (2) The trade name is not identical or confusingly similar to any other trade name or registered trademark used in connection with such class or kind of merchandise; and (3) The applicant has the sole and exclusive right to the use of such trade name in connection with the merchandise of that class or kind. (b) Fee. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975] § 133.14 Publication of trade name recordation. (a) Notice of tentative recordation. Federal Register (b) Notice of final action. Federal Register § 133.15 Term of CBP trade name recordation. Protection for a recorded trade name shall remain in force as long as the trade name is used. The recordation shall be canceled upon request of the recordant or upon evidence of disuse. From time to time, the IPR & Restricted Merchandise Branch may request the trade name owner to advise whether the name is still in use. The failure of a trade name owner to respond to such a request shall be regarded as evidence of disuse. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] Subpart C—Importations Bearing Recorded Marks or Trade Names Source: T.D. 99-21, 64 FR 9062, Feb. 24, 1999, unless otherwise noted. § 133.21 Articles suspected of bearing counterfeit marks. (a) Counterfeit mark defined. (b) Detention, notice, and disclosure of information Detention period. (2) Notice of detention to importer and disclosure to owner of the recorded mark Notice and seven business day response period. (A) CBP may have previously disclosed to the owner of the recorded mark, prior to issuance of the notice of detention, limited importation information concerning the detained merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information may be released to the owner of the recorded mark, if available, no later than the date of issuance of the notice of detention; and (B) CBP may disclose to the owner of the recorded mark information that appears on the detained merchandise and/or its retail packaging, including unredacted photographs, images, or samples, as described in paragraph (b)(3) of this section, unless the importer presents information within seven business days of the notification establishing that the detained merchandise does not bear a counterfeit mark. (ii) Failure of importer to respond or insufficient response to notice. (3) Disclosure to owner of the recorded mark of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images or samples. i.e., (4) Disclosure to owner of the recorded mark of limited importation information. (i) The date of importation; (ii) The port of entry; (iii) The description of the merchandise, for merchandise not yet detained, from the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information or other entry document as appropriate, or, for detained merchandise, from the notice of detention; (iv) The quantity, for merchandise not yet detained, as declared on the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information, or other entry document as appropriate, or, for detained merchandise, from the notice of detention; and (v) The country of origin of the merchandise. (5) Disclosure to owner of the recorded mark of redacted photographs, images and samples. (c) Conditions of disclosure to owner of the recorded mark of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images and samples Disclosure for limited purpose of assisting CBP in counterfeit mark determinations. (2) Bond. (d) Disclosure to importer of unredacted photographs, images, and samples. (e) Seizure and disclosure to owner of the recorded mark of comprehensive importation information. (1) The date of importation; (2) The port of entry; (3) The description of the merchandise from the notice of seizure; (4) The quantity as set forth in the notice of seizure; (5) The country of origin of the merchandise; (6) The name and address of the manufacturer; (7) The name and address of the exporter; and (8) The name and address of the importer. (f) Disclosure to owner of the recorded mark, following seizure, of unredacted photographs, images, and samples. (g) Consent of the mark owner; failure to make appropriate disposition. [CBP Dec. 12-10, 77 FR 24379, Apr. 24, 2012, as amended by CBP Dec. 15-12, 80 FR 56379, Sept. 18, 2015; CBP Dec. 24-03, 89 FR 52374, June 24, 2024] § 133.22 Restrictions on importation of articles bearing copying or simulating trademarks. (a) Copying or simulating trademark or trade name defined. (b) Denial of entry. (c) Relief from detention of articles bearing copying or simulating trademarks. (1) 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, for example by: (i) Grinding off imprinted trademarks wherever they appear; (ii) Removing and disposing of plates bearing a trademark or trade name; (2) The merchandise is imported by the recordant of the trademark or trade name or his designate; (3) 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, and such consent is furnished to appropriate Customs officials; (4) The articles of foreign manufacture bear a recorded trademark and the one-item personal exemption is claimed and allowed under § 148.55 of this chapter. (d) Exceptions for articles bearing counterfeit trademarks. (e) Release of detained articles. (f) Seizure. [T.D. 99-21, 64 FR 9062, Feb. 24, 1999, as amended at CBP Dec. 12-10, 77 FR 24380, Apr. 24, 2012] § 133.23 Restrictions on importation of gray market articles. (a) Restricted gray market articles defined. (1) Independent licensee. (2) Foreign owner. (3) “ Lever-rule (b) Labeling of physically and materially different goods. (c) Denial of entry. (d) Relief from detention of gray market articles. (1) The trademark or trade name was applied under the authority of a foreign trademark or trade name owner who is the same as the U.S. owner, a parent or subsidiary of the U.S. owner, or a party otherwise subject to common ownership or control with the U.S. owner (in an instance covered by §§ 133.2(d) and 133.12(d) of this part); and/or (2) For goods bearing a genuine mark applied under the authority of the U.S. owner, a parent or subsidiary of the U.S. owner, or a party otherwise subject to common ownership or control with the U.S. owner, that the merchandise as imported is not physically and materially different, as described in § 133.2(e), from articles authorized by the U.S. owner for importation or sale in the United States; or (3) Where goods are detained for violation of § 133.23(a)(3), as physically and materially different from the articles authorized by the U.S. trademark owner for importation or sale in the U.S., a label in compliance with § 133.23(b) is applied to the goods. (e) Release of detained articles. (f) Seizure. [T.D. 99-21, 64 FR 9062, Feb. 24, 1999, as amended at CBP Dec. 12-10, 77 FR 24380, Apr. 24, 2012] § 133.24 Restrictions on articles accompanying importer and mail importations. (a) Detention. (b) Notice of detention. (1) Articles accompanying importer. (2) Mail importations. (c) Release of detained articles General. (2) Articles accompanying importer. (i) The importer removes or obliterates the marks in a manner acceptable to the Customs officer at the time of examination of the articles; or (ii) The request of the importer to obtain skillful removal of the marks is granted by the port director under such conditions as he may deem necessary, and upon return of the article to Customs for verification, the marks are found to be satisfactorily removed. (3) Mail importations. (i) The addressee appears in person at the appropriate Customs office and at that time removes or obliterates the marks in a manner acceptable to the Customs officer; or (ii) The request of the addressee appearing in person to obtain skillful removal of the marks is granted by the port director under such conditions as he may deem necessary, and upon return of the article to Customs for verification, the marks are found to be satisfactorily removed. (d) Seizure. § 133.25 Procedure on detention of articles subject to restriction. (a) In general. (b) Notice of detention and disclosure of information. (1) The date of importation; (2) The port of entry; (3) A description of the merchandise; (4) The quantity involved; and (5) The country of origin of the merchandise. (c) Disclosure to the owner of the recorded mark or trade name. (d) Form of notice. [T.D. 99-21, 64 FR 9062, Feb. 24, 1999, as amended by CBP Dec. 15-15, 80 FR 70170, Nov. 13, 2015; CBP Dec. 24-03, 89 FR 52374, June 24, 2024] § 133.26 Demand for redelivery of released merchandise. If it is determined that merchandise which has been released from CBP custody is subject to the restrictions of § 133.21, § 133.22 or § 133.23 of this subpart, an authorized CBP official shall promptly make demand for the redelivery of the merchandise under the terms of the bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter, in accordance with § 141.113 of this chapter. If the merchandise is not redelivered to CBP custody, a claim for liquidated damages shall be made in accordance with § 141.113(h) of this chapter. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999; CBP Dec. 12-10, 77 FR 24380, Apr. 24, 2012; CBP Dec. 16-26, 81 FR 93018, Dec. 20, 2016] § 133.27 Civil fines for those involved in the importation of merchandise bearing a counterfeit mark. In addition to any other penalty or remedy authorized by law, CBP may impose a civil fine under 19 U.S.C. 1526(f) on any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that bears a counterfeit mark resulting in a seizure of the merchandise under 19 U.S.C. 1526(e) (see § 133.21 of this subpart), as follows: (a) First violation. (b) Subsequent violations: [CBP Dec. 03-12, 68 FR 43637, July 24, 2003] Subpart D—Recordation of Copyrights § 133.31 Recordation of copyrighted works. (a) Eligible works. (b) Persons eligible to record. (c) Notice of recordation and other action. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 73-212, 38 FR 21397, Aug. 8, 1973; T.D. 87-40, 52 FR 9474, Mar. 25, 1987] § 133.32 Application to record copyright. An application to record a copyright to secure customs protection against the importation of infringing copies or phonorecords shall be in writing addressed to the IPR & Restricted Merchandise Branch, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, Washington, DC 20229, and shall include the following information: (a) The name and complete address of the copyright owner or owners; (b) If the applicant is a person claiming actual or potential injury by reason of actual or contemplated importations of copies or phonorecords of the eligible work, a statement setting forth the circumstances of such actual or potential injury; (c) The country of manufacture of genuine copies or phonorecords of the protected work; (d) The name and principal address of any foreign person or business entity authorized or licensed to use the protected work, and a statement as to the exclusive rights authorized; (e) The foreign title of the work, if different from the U.S. title; and (f) In the case of an application to record a copyright in a sound recording, a statement setting forth the name(s) of the performing artist(s), and any other identifying names appearing on the surface of reproduction of the sound recording, or its label or container. [T.D. 87-40, 52 FR 9474, Mar. 25, 1987, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-27, 64 FR 13675, Mar. 22, 1999] § 133.33 Documents and fee to accompany application. (a) Documents. (1) An “additional certificate” of copyright registration issued by the U.S. Copyright Office. If the name of the applicant differs from the name of the copyright owner identified in the certificate, the application shall be accompanied by a certified copy of any assignment, exclusive license, or other document recorded in the U.S. Copyright Office showing that the applicant has acquired copyright ownership in the copyright. (2) Five photographic or other likenesses reproduced on paper approximately 8″ × 10 1/2 (b) Fee. [T.D. 72-266, 37 FR 20678, Oct. 3, 1973, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 84-133, 49 FR 26571, June 28, 1984; T.D. 87-40, 52 FR 9475, Mar. 25, 1987] § 133.34 Effective date, term, and cancellation of recordation. (a) Effective date. (b) Term. (c) Cancellation. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 87-40, 52 FR 9475, Mar. 25, 1987] § 133.35 Change of ownership of recorded copyright. (a) Application. (1) Comply, as appropriate, with § 133.32; and (2) Describe any time limit on the rights of ownership transferred. (b) Document and fee. (1) A certified copy of any assignment, exclusive license, or other document recorded in the U.S. Copyright Office showing the applicant has acquired an ownership interest in the copyright; and (2) A fee of $80, which covers all copyrights included in the application which have been previously recorded with the U.S. Customs and Border Protection. A check or money order shall be made payable to the U.S. Customs and Border Protection. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.36 Change in name of owner of recorded copyright. If there is a change in the name of the owner of a recorded copyright, but no transfer of ownership, written notice specifying the change shall be given to the IPR & Restricted Merchandise Branch accompanied by the following: (a) A certified copy of any document recorded in the U.S. Copyright Office showing the change in the name of the owner; and (b) Payment of a fee of $80, which covers all copyrights included in the application which have been previously recorded with the CBP. A check or money order shall be made payable to U.S. Customs and Border Protection. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 133.37 Renewal of copyright recordation. (a) Term of renewal. (b) Application for renewal. (c) Materials to be submitted with application. (1) Proof that the recordant's copyright ownership is valid. The proof required shall vary with the date that the work was first copyrighted as follows: (i) Works in which copyright subsists on or after January 1, 1978. (ii) Works under statutory copyright on December 31, 1977. (2) A statement describing any change of ownership or name of owner, in compliance with §§ 133.35 and 133.36, and any change of address of the owner. (3) Payment of a fee of $80. A check or money order shall be made payable to the U.S. Customs and Border Protection. (d) Untimely application. [T.D. 87-40, 52 FR 9475, Mar. 25, 1987, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] Subpart E—Importations Violating Copyright Laws § 133.41 [Reserved] § 133.42 Piratical articles; Unlawful copies or phonorecords of recorded copyrighted works. (a) Definition. (b) Detention, notice, and disclosure of information Detention period. (2) Notice of detention to importer and disclosure to owner of the recorded copyrighted work Notice and seven business day response period. (A) CBP may have previously disclosed to the owner of the recorded copyright, prior to issuance of the notice of detention, limited importation information concerning the detained merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information may be released to the owner of the recorded copyright, if available, no later than the date of issuance of the notice of detention; and (B) CBP may disclose to the owner of the recorded copyright information that appears on the detained merchandise and/or its retail packaging, including unredacted photographs, images, or samples, as described in paragraph (b)(3) of this section, unless the importer provides information within seven business days of the notification establishing that the detained merchandise is not piratical. (ii) Failure of importer to respond or insufficient response to notice. (3) Disclosure to owner of the recorded copyright of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images, or samples. i.e., (4) Disclosure to owner of recorded copyright of limited importation information. (i) The date of importation; (ii) The port of entry; (iii) The description of the merchandise, for merchandise not yet detained, from the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information or other entry document as appropriate, or, for detained merchandise, from the notice of detention; (iv) The quantity, for merchandise not yet detained, as declared on the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information, or other entry document as appropriate, or, for detained merchandise, from the notice of detention; and (v) The country of origin of the merchandise. (5) Disclosure to owner of recorded copyright of redacted photographs, images and samples. (c) Conditions of disclosure to owner of recorded copyright of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images and samples Disclosure for limited purpose of assisting CBP in piratical merchandise determinations. (2) Bond. (d) Disclosure to importer of unredacted photographs, images, and samples. (e) Seizure and disclosure to owner of the recorded copyright of comprehensive importation information. see (1) The date of importation; (2) The port of entry; (3) The description of the merchandise from the notice of seizure; (4) The quantity as set forth in the notice of seizure; (5) The country of origin of the merchandise; (6) The name and address of the manufacturer; (7) The name and address of the exporter; and (8) The name and address of the importer. (f) Disclosure to owner of recorded copyright, following seizure, of unredacted photographs, images, and samples. (g) Consent of the owner of the recorded copyright; failure to make appropriate disposition. [CBP Dec. 24-03, 89 FR 52375, June 24, 2024] §§ 133.43-133.45 [Reserved] § 133.46 Demand for redelivery of released articles. If it is determined that articles which have been released from Customs custody are subject to the prohibitions or restrictions of this subpart, an authorized CBP official shall promptly make demand for redelivery of the articles under the terms of the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, in accordance with § 141.113 of this chapter. If the articles are not redelivered to Customs custody, a claim for liquidated damages shall be made in accordance with § 141.113(h) of this chapter. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 73-175, 38 FR 17447, July 2, 1973; T.D. 74-227, 39 FR 32023, Sept. 4, 1974; T.D. 84-213, 49 FR 41183, Oct. 19, 1984; T.D. 99-64, 64 FR 43266, Aug. 10, 1999; CBP Dec. 16-26, 81 FR 93018, Dec. 20, 2016] Subpart F—Enforcement of the Prohibition on Importation of Merchandise Capable of Circumventing Technological Measures for Protection of Copyright Source: CBP Dec. 24-03, 89 FR 52376, June 24, 2024, unless otherwise noted. § 133.47 Articles suspected of violating the Digital Millennium Copyright Act. (a) Definitions Copyright protection measure. (2) Articles that violate the DMCA. (3) Eligible person. (4) Injured person. (b) Detention, notice, and disclosure of information Detention period. (2) Notice of detention to importer and disclosure to eligible persons Notice and seven business day response period. (A) CBP may have previously disclosed to the eligible person, prior to issuance of the notice of detention, limited importation information concerning the detained merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information may be released to the eligible person, if available, no later than the date of issuance of the notice of detention; and (B) CBP may disclose to the eligible person information that appears on the detained merchandise and/or its retail packaging, including unredacted photographs, images, or samples, as described in paragraph (b)(3) of this section, unless the importer provides information within seven business days of the notification establishing that the detained merchandise does not violate the DMCA. (ii) Failure of importer to respond or insufficient response to notice. (iii) Request for DMCA protections and establishment of a list of persons approved for post-seizure disclosures. Federal Register. Federal Register (3) Disclosure to eligible persons of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images or samples. i.e., (4) Disclosure to eligible person of limited importation information. (i) The date of importation; (ii) The port of entry; (iii) The description of the merchandise, for merchandise not yet detained, from the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information or other entry document as appropriate, or, for detained merchandise, from the notice of detention; (iv) The quantity, for merchandise not yet detained, as declared on the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information, or other entry document as appropriate, or, for detained merchandise, from the notice of detention; and (v) The country of origin of the merchandise. (5) Disclosure to eligible person of redacted photographs, images and samples. (c) Conditions of disclosure to eligible person of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images and samples Disclosure for limited purpose of assisting CBP in DMCA determinations. (2) Bond. (d) Disclosure to importer of unredacted photographs, images or samples. (e) Seizure and disclosure to injured person of comprehensive importation information. see (1) The date of importation; (2) The port of entry; (3) The description of the merchandise from the notice of seizure; (4) The quantity as set forth in the notice of seizure; (5) The country of origin of the merchandise; (6) The name and address of the manufacturer; (7) The name and address of the exporter; and (8) The name and address of the importer. (f) Disclosure to injured person, following seizure, of unredacted photographs, images and samples. (g) Consent of the owner of the recorded copyright; failure to make appropriate disposition. § 133.48 Demand for redelivery of released articles. If it is determined that articles which have been released from CBP custody are subject to the prohibitions or restrictions of this subpart, an authorized CBP official will promptly make demand for redelivery of the articles in accordance with § 141.113 of this chapter. If the articles are not redelivered to CBP custody under the terms of the bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter, a claim for liquidated damages will be made in accordance with § 141.113 of this chapter. Subpart G—Procedure Following Forfeiture or Assessment of Liquidated Damages Source: T.D. 72-266, 37 FR 20678, Oct. 3, 1972, unless otherwise noted. Redesignated by CBP Dec. 24-03, 89 FR 52376, June 24, 2024. § 133.51 Relief from forfeiture or liquidated damages. (a) Petition for relief. (b) Conditioned relief. (1) The unlawfully imported or prohibited articles are exported or destroyed under Customs supervision and at no expense to the Government; (2) All offending trademarks or trade names are removed or obliterated prior to release of the articles: (3) In the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 U.S.C. 602, 603): (i) Satisfactory evidence is submitted that a statement of abandonment has been filed and recorded in the Copyright Office by the copyright owner in accordance with the procedures of the Copyright Office; and (ii) The notice of copyright is completely obliterated prior to release of the books or periodicals. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987; CBP Dec. 24-03, 89 FR 52378, June 24, 2024] § 133.52 Disposition of forfeited merchandise. (a) Trademark (other than counterfeit) or trade name violations. (b) Copyright violations. (c) Articles bearing a counterfeit trademark. (1) Delivery to any Federal, State, or local government agency that, in the opinion of the Commissioner or his designee, has established a need for the merchandise; or (2) Gift to any charitable institution that, in the opinion of the Commissioner or his designee, has established a need for the merchandise; or (3) Sale at public auction, if more than 90 days has passed since the forfeiture and Customs has determined that no need for the merchandise has been established under paragraph (c)(1) or (c)(2) of this section. [T.D. 79-159, 44 FR 31969, June 4, 1969, as amended by T.D. 94-90, 59 FR 55997, Nov. 10, 1994; T.D. 97-91, 62 FR 61232, Nov. 17, 1997; CBP Dec. 24-03, 89 FR 52378, June 24, 2024] § 133.53 Refund of duty. If a violation of the trademark or copyright laws is not discovered until after entry and deposit of estimated duty, the entry shall be endorsed with an appropriate notation and the duty refunded as an erroneous collection upon exportation or destruction of the prohibited articles in accordance with § 158.41 or § 158.45 of this chapter. [T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 73-175, 38 FR 17447, July 2, 1973] Subpart H—Donations of Intellectual Property Rights Technology and Related Support Services Source: CBP Dec. 17-21, 82 FR 59513, Dec. 15, 2017, unless otherwise noted. § 133.61 Donations of intellectual property rights technology and related support services. (a) Scope. e.g., (b) Donation offer. [email protected], e.g. etc. (c) Agreement to accept donation.