April 2022 — Question 53
CBP officers examine a commercial shipment of t-shirts and find that many of the t-shirts bear suspect versions of popular trademarks. Upon further investigation, the officers find that the suspect marks are recorded with CBP. Through the broker, the officers notify the importer in writing that the shipment has been detained and request information that would assist CBP in determining whether the detained merchandise bears counterfeit marks. The importer does not respond to the notice and the trademark owners, when contacted, advise that the suspect marks were not applied with authorization. CBP seizes the merchandise on the basis that it bears counterfeit marks. The importer wishes to challenge CBP’s decision. What options does the importer have?
- ARequest an entry type change from formal to informal
- BRe-export the commodity to the country of exportation
- CFile an in-bond to another port for entry
- DFile a petition for relief✓ CBP's answer
- EPay the counterfeit duty and enter the shipment anyway
Why this answer
The cited counterfeit-mark regulation subjects merchandise bearing a counterfeit version of a recorded and registered mark to seizure and forfeiture, and it leaves the importer one administrative avenue after seizure: a petition for relief filed under the fines, penalties, and forfeitures procedures. Under the edition tested, the other options are foreclosed by the same authority, since seized counterfeit goods cannot simply be re-exported, and no informal entry conversion, in-bond diversion to another port, or payment of duty can cure counterfeit status. Option B tempts because exportation resolves some other admissibility problems, but it is not available once goods are seized as counterfeit. Watch for: Choosing re-exportation, which is unavailable once goods are seized as counterfeit.
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 2022 examination.
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