April 2023 — Question 10
What is the civil fine for a first violation under 19 U.S.C. 1526(f) and 19 CFR 133.27 on any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that bears a counterfeit mark resulting in a seizure of the merchandise?
- AThe fine imposed will not be more than the value the merchandise would have had if it were genuine, according to importer’s selling price in the United States of similar merchandise.
- BThe fine imposed will not be more than the value the merchandise would have had if it were genuine, according to the manufacturer’s suggested retail price in the United States at the time of seizure.✓ CBP's answer
- CThe fine imposed will not be more than two times the value the merchandise would have had if it were genuine, according to the manufacturer’s suggested retail price in the United States at the time of seizure.
- DThe fine imposed will not be more than three times the value the merchandise would have had if it were genuine, according to the manufacturer’s suggested retail price in the United States at the time of seizure.
- EFines are only imposed on the second and each subsequent seizure and never on a first seizure.
Why this answer
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CBP's cited authority
§ 19 U.S.C 1526(f)§ 19 CFR 133.27
Answer and citations as published in CBP's official answer key for the April 2023 examination.
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