October 2018 — Question 75

A mail shipment consisting of one handbag valued at $900, bearing a spurious mark identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP, is NOT subject to seizure under 19 C.F.R. § 133.21(e) because:

• AThe handbag is intended for personal use, and the exemption for the same type of article has not been taken within the 30-day detention period.
• BThe handbag is intended for personal use, and the quantity does not exceed the exemption of one article of the type bearing the protected trademark.
• CThe circumstances allowing trademark or trade name restriction(s) set forth in 19 C.F.R. § 133.22(c) or 19 C.F.R. § 133.23(d) are established.
• DThe addressee appears in person at the appropriate CBP office and, at the time, removes or obliterates the mark on the handbag in a manner acceptable to CBP.
• ENone of the above. Category XIV – Foreign Trade Zones/Warehouses✓ CBP's answer