October 2021 — Question 54

Relief from a forfeiture may be granted pursuant to a petition for relief provided that certain conditions are met. Which of the circumstances below allows relief from forfeiture due to seizure of merchandise bearing a counterfeit mark?

• AAll offending trademarks or trade names are removed or obliterated after the release of the articles.
• BThe unlawfully imported or prohibited articles are exported under Customs supervision and at no expense to the Government.
• CPetitioner provides proof of authorization from the rights holder to import the articles bearing a counterfeit mark within 30 days from the notification of the seizure.✓ CBP's answer
• DIn the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 USC 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.
• EThe unlawfully imported or prohibited articles are destroyed under Customs supervision and at no expense to the Government.