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Intellectual Property Rights

October 2022 — Question 57

What is the period of detention for merchandise suspected of bearing a counterfeit version of a registered trademark after which the merchandise will be seized, and forfeiture proceedings instituted?

Why this answer

Under the cited detention provisions, merchandise suspected of bearing a counterfeit version of a registered trademark may be detained for 30 days from the date on which it is presented for customs examination; if the question of infringement is not resolved within that period, the merchandise is treated as counterfeit and seized, with forfeiture proceedings instituted. The five-business-day window in option B tempts because it also appears in the detention rules, but it is the deadline for CBP to notify the importer that the goods are detained, not the length of the detention, and option D fails by running the clock from entry rather than presentation for examination. Watch for: Confusing the five-day detention notice deadline with the 30-day detention period itself.

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

§ 19 CFR 133.24(d) 19 CFR 133.25(a)

Answer and citations as published in CBP's official answer key for the October 2022 examination.

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