April 2018 — Question 55
If imported merchandise is detained because CBP suspects it bears a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and recorded with CBP, and the importer, upon written notification, does not provide information within seven days of such notification that establishes to CBP’s satisfaction that the suspect mark is not counterfeit, or provides information that is insufficient to establish that the suspect mark is not counterfeit, CBP may disclose to the right holder:
- AThe entry documents and a sample or digital images of the merchandise including serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes or other identifying marks appearing on the merchandise or its retail packaging
- BThe names and addresses of the exporter and importer
- CThe entry documents and the name and address of the manufacturer
- DA sample or digital images of the merchandise including serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes or other identifying marks appearing on the merchandise or its retail packaging, but no entry documents✓ CBP's answer
- EAll of the above
Why this answer
Under 19 CFR 133.21(b), once the importer's seven-day window closes without a satisfactory showing that the mark is genuine, CBP may give the trademark owner a sample or images of the merchandise and its retail packaging as presented, unredacted, including serial numbers, dates of manufacture, lot codes, batch numbers, and universal product codes, to help determine whether the mark is counterfeit. Entry documents are not part of this pre-seizure disclosure, and importer and exporter names and addresses are released only later, after seizure. Option E tempts by bundling everything together, but the regulation deliberately stages disclosure, withholding identities and entry papers at the detention stage. Watch for: Selecting all of the above by merging pre-seizure disclosure with the fuller disclosure allowed only after seizure.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2018 examination.
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