October 2023 — Question 70
Choose the ONE answer that correctly fills in the blank. CBP may detain articles suspected of bearing a counterfeit version of a trademark that is registered with the U.S. Patent and Trademark Office and recorded with CBP. The detention notice provides notification to the importer that ___.
- AThe merchandise will be detained for a minimum of sixty (60) days.
- BThe detention period may be extended for an additional sixty (60) days for good cause shown by the importer.
- CUnless the importer presents information within seven (7) days of the notification establishing that the detained merchandise does not bear a counterfeit trade mark, CBP may disclose to the owner of the mark information appearing on the merchandise or its retail packaging.✓ CBP's answer
- DThe importer must not disclose any information to the owner of the mark.
Why this answer
Under the cited detention provision, articles suspected of bearing counterfeit marks may be detained for up to thirty days from the date presented for examination, and the detention notice informs the importer that unless information establishing that the merchandise does not bear a counterfeit mark is provided within the seven-business-day response window, CBP may disclose to the owner of the mark information appearing on the merchandise and its retail packaging to assist the counterfeit determination. Option C tracks that notification. Option A fails because thirty days is the ceiling rather than a sixty-day minimum, and option B invents an importer-requested extension the regulation does not provide. Watch for: Misremembering the thirty-day detention ceiling as a sixty-day minimum or importer-extendable period.
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 October 2023 examination.
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